Lal Babu @ Govind Yadav@ Govind Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Lal Babu @ Govind Yadav@ Govind Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: on arrest or surrender before the learned Trial Court within six weeks, release on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; confirmation contingent on Trial Court verification of criminal antecedents (non-confirmation with presumption of concealment if any prior case found; confirmation forthwith if clean antecedents verified).

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Daudnagar Excise P.S. Case No. 434 of 2025 registered for offences under Sections 30(a) and 32(c) of the Bihar Excise Act, should be granted anticipatory bail.

Court's answer

In the event of arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500 with two sureties of the like amount each, to the satisfaction of the learned Trial Court, subject to conditions under Section 482(2) BNSS.

Ratio / Principle

Thereafter, the learned Trial Court shall verify the petitioner's criminal antecedent; if it is found that the petitioner has antecedent of even one case, it would be presumed that the petitioner had concealed his antecedent before the Court for purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If after verification the petitioner is found to be a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Excise Act, Sections 30(a) & 32(c) — Daudnagar Excise P.S. Case No. 434 of 2025 (District Aurangabad) — allegation of recovery of 50 liters of liquor from a motorcycle; petitioner claimed no conscious possession, non-ownership of the seized vehicle, and implication via a custodial confessional statement of another accused. Holding (Satyavrat Verma, J., oral order dated 12-01-2026): PROVISIONAL anticipatory bail granted — on arrest or surrender before the learned Trial Court within six weeks, petitioner to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS. Confirmation made conditional: the Trial Court shall verify the petitioner's criminal antecedent; antecedent of even one case leads to a presumption of concealment before this Court and the provisional order shall NOT be confirmed; verified clean antecedents result in confirmation 'forthwith'.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91354 of 2025

Arising Out of PS. Case No.-434 Year-2025 Thana- Daudnagar Excise District- Aurangabad

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Lal Babu @ Govind Yadav@ Govind Kumar Son of Babua Yadav Resident of Village Hichan Bigha, P.S. Daudnagar, District Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-01-2026

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 offences punishable under Sections 30(a) and 32(c) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 50 liters of liquor from a motorcycle.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.91354 of 2025(2) dt.12-01-2026 2/2

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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Daudnagar Excise P.S. Case No. 434 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Rishabh/-

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