Dhiraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88176 of 2025 Arising Out of PS. Case No.-468 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Dhiraj Yadav Son of Bhagwan Yadav R/o Village - Pachauta, P.S. and Dist. - Lakhisarai.
2.
Navin Yadav Son of Bhagwan Yadav R/o Village - Pachauta, P.S. and Dist. - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Bilochan, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2026
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 Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioner no. 2 has antecedent of four cases and all the cases are under the excise act. It is next submitted that allegation is of recovery of 100 liters of liquor from a place near a canal.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.88176 of 2025(2) dt.05-01-2026 2/3 was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and and they came to be implicated at the instance of local person, but then the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution. It is also 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. 20,000/- (Rupees Twenty 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 Lakhisarai P.S. Case No. 468 of 2025 subject to the
Patna High Court CR. MISC. No.88176 of 2025(2) dt.05-01-2026 3/3 conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial 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 one and petitioner no. 2 has antecedent of more than four 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 one case only and petitioner no. 2 has antecedent of four cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T