Patna High Court
Ramanand YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions imposed under Section 482(2) of the CrPC.
Summary
Ramanand Yadav, owner of a pickup vehicle, was implicated in the seizure of 1,465.560 litres of liquor from three vehicles in a case under Section 30(a) of the Bihar Excise Act. He was not arrested at the spot and no liquor was found in his immediate possession; the prosecution’s case rests on his ownership of one of the seized vehicles. Yadav contended that he was unaware of the vehicle’s misuse by a third party, Pradeep, and that he has a clean criminal record. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, and verification of Yadav’s antecedent. The court ordered that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The decision rests on the principles of Section 482(2) of the Criminal Procedure Code and the facts indicating lack of direct involvement.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act
- Whether the ownership of the vehicle, without possession of the seized liquor, suffices for granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- Section 30
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14353 of 2026
Arising Out of PS. Case No.-52 Year-2024 Thana- Excise P.S. District- Supaul
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Ramanand Yadav Son of Satan Yadav Resident of Village- Kainjara, ward no.
13, P.S.- (Rajeshwari O.P.), Chhatapur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prafull Chandra Thakur
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
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.
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 1465.560 litres of liquor from three different
vehicles.
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 one of the
seized vehicles, i.e., pickup vehicle. It is next submitted that no
Patna High Court CR. MISC. No.14353 of 2026(2) dt.13-03-2026
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prudent person would use his own vehicle for committing an
occurrence and thus would create evidence against himself and
hence would get implicated, it is further submitted that
petitioner was completely unaware that Pradeep would misuse
the vehicle in the manner as alleged, who was also apprehended
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 Supaul Excise P.S. Case No. 52 of 2024,
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
Patna High Court CR. MISC. No.14353 of 2026(2) dt.13-03-2026
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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)
Sumit/-
U T
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