Lakshman Yadav @ Lakshman Yadva Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Lakshman Yadav @ Lakshman Yadva Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: release upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs.45,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S.; confirmation by the trial court contingent on verification of criminal antecedents (confirmed forthwith if nine cases verified; not confirmed if more than nine cases found).

Issue for consideration

Whether the petitioner apprehending arrest in Bisfi P.S. Case No.37/2025 (offence under Section 30(a), Bihar Prohibition and Excise Act) should be released on anticipatory bail. +1 more

Court's answer

In the event of arrest or surrender before the Court below within six weeks from today, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.45,000/- with two sureties of the like amount each, to the satisfaction of the trial court where Bisfi P.S. Case No.37/2025 is pending, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

If verification shows the petitioner has antecedents of more than nine cases, it will be presumed that he concealed his antecedents before this court, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If verification finds that the petitioner has antecedents of nine cases, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), oral order dated 17-12-2025 in CRIMINAL MISCELLANEOUS No.30257 of 2025, arising out of Bisfi P.S. Case No.37/2025, District Madhubani: petitioner apprehending arrest for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act granted provisional anticipatory bail — to be released on arrest or surrender before the Court below within six weeks on bail bonds of Rs.45,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S.; the trial court is to verify the petitioner's criminal antecedents — if more than nine cases are found, concealment is presumed and the provisional order shall not be confirmed; if nine cases are verified, the provisional order shall be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30257 of 2025

Arising Out of PS. Case No.-37 Year-2025 Thana- BISFI District- Madhubani

======================================================

Lakshman Yadav @ Lakshman Yadva S/o Rambahadur Yadav R/o vill - Bisfi, Motnaje, P.S.- Bisfi, Distt.- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Ms. Kumari Pallavi For the Opposite Party/s : Ms. Sangeeta Sharma ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

7 17-12-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of nine cases as would manifest from supplementary affidavit and allegation is of recovery of 143.656 litres of liquor from a bush. It is next submitted 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 and is accessible to public at large and he came to be implicated at the instance of chowkidar but then it is submitted that once an

Patna High Court CR. MISC. No.30257 of 2025(7) dt.17-12-2025 2/3

accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation either through chowkidar, local person, confessional statement or secret information.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.45000/- (Rupees forty five 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 Bisfi P.S. Case No.37/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than nine cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if

Patna High Court CR. MISC. No.30257 of 2025(7) dt.17-12-2025 3/3

on verification it is found that petitioner has antecedent of nine cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/-

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