Patna High Court

Amarjeet YadavversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court granted anticipatory bail to the petitioner, subject to bond, sureties and compliance with Section 482(2) of the Bihar Negotiable Securities Act, 2023.

Summary

Amarjeet Yadav, the registered owner of a motorcycle from which 64.44 litres of illicit liquor was seized, applied for anticipatory bail in connection with an FIR under Section 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from the vehicle, but the petitioner contended that he had no overt act or constructive possession, as the motorcycle was being used by a relative and co‑accused at the time of seizure. The State opposed the bail, arguing the seriousness of the offences. The Court examined the lack of direct involvement and the absence of the liquor in the petitioner’s possession and, considering his clean antecedents, decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bihar Negotiable Securities Act, 2023.

Issues considered

Whether anticipatory bail should be granted to the owner of a vehicle from which illicit liquor was seized, in the absence of constructive possession.
Whether ownership of the vehicle alone suffices to attract liability under Section 414 IPC and Section 30(a) Bihar Prohibition and Excise Act.

Legislation cited

Indian Penal Code — s. 414

Subjects

anticipatory bail
constructive possession
illicit liquor
Section 414 IPC
Bihar Prohibition and Excise Act
Section 482 CrPC
Bihar Negotiable Securities Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11345 of 2026
                      Arising Out of PS. Case No.-211 Year-2024 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Amarjeet Yadav Son of Bindeshwari Yadav Resident of Village- Baisakhi,
                 P.S.- Sarai O.P., District- Siwan
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Chandra
                 For the Opposite Party/s :      Mr. Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                         Heard learned counsel for the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Daraunda P.S. Case No.211 of 2024, F.I.R dated

                   25.05.2024 registered for the offences punishable under Sections

                   414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 64.440 liters of illicit

                   liquor is said to have been recovered from a red coloured

                   motorcycle. Two persons were apprehended on the spot and the

                   petitioner is the owner of the motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner’s name has transpired solely on the ground that he is the

                   registered owner of the seized vehicle, which was being driven by

                   co-accused, namely, Jitendra Kumar Yadav, while another co-

                   accused, namely, Munna Singh, was the pillion rider. However, it

                   is submitted that, in fact, the said motorcycle had been taken by a

                   relative of the petitioner, who has been apprehended at the spot.
               Patna High Court CR. MISC. No.11345 of 2026(2) dt.17-02-2026
                                                           2/2




                         There is no specific overt act attributed to the petitioner. Lastly, it

                         is submitted that the petitioner has a clean antecedent.

                                      5. Learned APP for the State opposes the prayer for

                         anticipatory bail application.

                                      6. Regard being had to the submission made by the

                         parties, taking into consideration the fact that illicit liquor has not

                         been recovered from the constructive possession and / or vehicle

                         belonging to the petitioner, accordingly, this Court is inclined to

                         grant anticipatory bail to the petitioner.

                                      7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the court

                         below within a period of four weeks from today on furnishing bail

                         bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the

                         like amount each to the satisfaction of learned Exclusive Special

                         Excise Judge-1, Siwan in connection with Daraunda P.S. Case

                         No.211 of 2024 subject to the condition as laid down under

                         Section 482(2) of the B.N.S.S., 2023.



                                                                 (Ajit Kumar, J)
shikha/-

U          T

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