Ramdahin Yadav @ Ramadahin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3266 of 2026 Arising Out of PS. Case No.-291 Year-2025 Thana- CHAKAND District- Gaya ====================================================== 1.
Ramdahin Yadav @ Ramadahin Yadav Son of Late Durga Yadav Resident of Village- Dali Bigha @ Dalli Bigha, P.S.- Belaganj, District- Gaya Ji 2.
Surendra Yadav Son of Late Durga Yadav Resident of Village- Dali Bigha @ Dalli Bigha, P.S.- Belaganj, District- Gaya Ji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of five cases under the excise act and petitioner no. 2 has antecedent of six cases under the excise act and allegation is of recovery of 200 liters of liquor from a forest area along with 5000 liters of Jawa Mahua which was destroyed.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.3266 of 2026(2) dt.28-01-2026 2/3 petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and they came to be implicated at the instance of Chowkidar, but then it is submitted 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.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Chakand P.S. Case No. 291 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.3266 of 2026(2) dt.28-01-2026 3/3 Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than five cases and petitioner no. 2 has antecedent of more than six cases then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner no. 1 has antecedent of five cases only and petitioner no. 2 has antecedent of six cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioners, based on instruction, undertakes to deposit an amount of Rs. 10,000/- with Advocates' Association, Patna High Court.
(Satyavrat Verma, J) Rishabh/- U T