Digvijay Narayan Yadav @ Digvijay Narayan Singh @ Digya Vijay Narayan Singh @ Digavijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89251 of 2025 Arising Out of PS. Case No.-485 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Digvijay Narayan Yadav @ Digvijay Narayan Singh @ Digya Vijay Narayan Singh @ Digavijay Singh S/O Late Ganesh Yadav R/O Village- Rampur Joi, PS- Shivsagar, Dist- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) and 37 of the Excise Act.

3. The learned counsel appearing on behalf of the petitioner submits that by order dated 22.12.2025 when case diary was called for, but the same till date has not been received.

4. The Court will not wait endlessly for the case diary.

5. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and allegation is of recovery of 09 litres of liquor allegedly thrown by the petitioner outside his house.

Patna High Court CR. MISC. No.89251 of 2025(3) dt.29-01-2026 2/3

6. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the petitioner but then is adjacent to his house. It is further submitted that off late, police has started mechanically implicating those accused who have antecedent without holding a proper investigation.

7. Learned A.P.P. opposes the anticipatory bail application.

8. 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-bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) 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 Excise Case No.1709 of 2025 arising out of Sasaram Excise P. S. Case No.485 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

10.

It is made clear that the learned trial Court

Patna High Court CR. MISC. No.89251 of 2025(3) dt.29-01-2026 3/3 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 antecedent of more than four cases, then it would be presumed that petitioner for the purposes of 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 antecedent of four cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

11.

At this stage, the learned counsel appearing on behalf of the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs.5,000/- with Advocates' Association, Patna High Court, Patna within a period of two weeks from today.

(Satyavrat Verma, J) vikash/- U T