Allowed¶20

Baldev Yadav @ Baaldev Yadav v. The State of Bihar

Patna HC13 Jan 2026CR. MISC./92059/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.92059 of 2025, decided 13-01-2026 by Satyavrat Verma, J. Baldev Yadav @ Baaldev Yadav v. State of Bihar. Anticipatory bail allowed under Section 30(a) Excise Act in Tankuppa P.S. Case No. 237 of 2025 (Gaya); provisional bail on Rs.10,000/- bonds with two sureties, Section 438(2) Cr.P.C. conditions, subject to trial Court verification of antecedents (two cases disclosed; alleged 125 litres liquor recovery).

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender within six weeks on bail-bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, with confirmation by the trial Court contingent on verification of the petitioner's criminal antecedents. ¶20

Baldev Yadav @ Baaldev Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to anticipatory bail in connection with Tankuppa P.S. Case No. 237 of 2025 registered for offences punishable under Section 30(a) of the Excise Act.

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Court's answer

In the event of his arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on provisional anticipatory bail on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

The anticipatory bail application stands allowed.

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Key takeaways

The learned trial Court, after accepting the provisional bail bonds, shall verify the criminal antecedent of the petitioner.ratio¶21
If verification shows antecedents of more than two cases, it will be presumed the petitioner concealed his antecedents and the provisional anticipatory bail order shall not be confirmed; if antecedents of two cases only are found, the provisional order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Anticipatory Bail — Excise Act, S. 30(a) — Tankuppa P.S. Case No. 237 of 2025, District Gaya — petitioner claimed no conscious possession; alleged recovery of 125 litres of liquor from a sack at village Lakhimpur at a place not belonging to him and accessible to the public — petitioner disclosed antecedents of two cases, one under the Excise Act — provisional anticipatory bail granted on arrest or surrender within six weeks on bail-bonds of Rs.10,000/- with two sureties of the like amount each, subject to S. 438(2) Cr.P.C. conditions — trial Court to verify criminal antecedents after accepting bail bonds; if more than two cases found, concealment presumed and provisional order not confirmed; if two cases only, confirmation forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.92059 of 2025

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Arising Out of PS. Case No.-237 Year-2025 Thana- TANKUPPA District- Gaya

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

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Baldev Yadav @ Baaldev Yadav Son of Ramji Yadav Resident of MohallahLaxmipur, P.S.- Tankuppa, Dist.- Gaya Ji

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Prithivi Raj Singh For the Opposite Party/s : Mr.Syed Mojibur Rahman ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 13-01-2026

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

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

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The learned counsel for the petitioner submits that the petitioner has antecedent of two cases out of which one case is under the Excise Act and allegation is of recovery of 125 litres of liquor from a sack at village Lakhimpur.

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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 and is accessible to public at large and he came to be implicated

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Patna High Court CR. MISC. No.92059 of 2025(2) dt.13-01-2026 2/3

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based on secret information, which is the easiest way to implicate someone without holding a proper investigation. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding proper investigation.

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

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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.10,000/- (Rupees Ten 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 Tankuppa P. S. Case No.237 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is

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Patna High Court CR. MISC. No.92059 of 2025(2) dt.13-01-2026 3/3

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found that petitioner has antecedent of more than two 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 two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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vikash/-

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U T

Baldev Yadav @ Baaldev Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Baldev Yadav @ Baaldev Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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