Patna High Court

Bijen YadavversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his antecedent.

Summary

The petitioner, Bijen Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 8 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not in actual possession at the time of seizure, and that the vehicle was misused by a friend who fled the scene. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the Code of Criminal Procedure. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s lack of actual possession and clean antecedent justify the grant of anticipatory bail

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
Section 482
Bihar Excise Act
clean antecedent
vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14314 of 2026
                    Arising Out of PS. Case No.-559 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Bijen Yadav Son of Buchan Yadav Resident of Village- Pilwaha, ward no. 06,
                 P.S.- Triveniganj, District- Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prafull Chandra Thakur
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.14314 of 2026(2) dt.13-03-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged, who also fled from the spot.

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

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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 Triveniganj P.S. Case No. 559 of 2025, subject

          to the conditions as laid down under Section 482(2) of the

          BNSS.

                   7.     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
              Patna High Court CR. MISC. No.14314 of 2026(2) dt.13-03-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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