Patna High Court
Lala YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, granting provisional bail subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Lala Yadav, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 100 litres of liquor from an e‑rickshaw. He argued that he was not arrested on the spot, no liquor was found in his possession, and the only link to him was a confessional statement made by Gaurav Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if only two are confirmed, the provisional bail will be made final. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where the primary evidence is a confessional statement made in police custody.
- Whether the petitioner’s prior criminal antecedents affect the grant and confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedents
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91896 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Lala Yadav S/O Late Madheshwar Yadav @ Maheshwar Yadav Resident of
Village- Bahadur Bigha, P.S.- Chakand, District- Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases out of which one case is
under the Excise Act and allegation is of recovery of 100 litres
of liquor from an E-Rickshaw. It is next submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the E-Rickshaw and he came to be implicated based on
confessional statement of Gaurav Kumar in police custody
which does not have any evidentiary value. It is also submitted
Patna High Court CR. MISC. No.91896 of 2025(2) dt.13-01-2026
2/3
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Court No.4, Gaya in connection with Chakand
P.S. Case No.306 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than two cases,
then it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.91896 of 2025(2) dt.13-01-2026
3/3
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…