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Patna High Court

Ramanand YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                          3/3




                        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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