Patna High Court
Dinesh chandra yadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the petitioner is not in possession of the contraband and has a clean antecedent, subject to verification and conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Dinesh Chandra Yadav, applied for anticipatory bail in a case registered under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Excise Act, alleging that 8.450 litres of liquor were recovered from his motorcycle. He contended that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that his vehicle would be misused, emphasizing his clean criminal antecedent. The State opposed the bail, arguing that ownership of the vehicle linked him to the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and two sureties, subject to the conditions of Section 482(2) of the B.N.S. and verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. Consequently, the anticipatory bail application was allowed with conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the B.N.S. in a case involving alleged liquor seizure from a vehicle.
- Whether mere ownership of a vehicle used in the alleged offence justifies denial of anticipatory bail.
- Whether the petitioner’s clean criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 274, 275, 3(5), 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15631 of 2026
Arising Out of PS. Case No.-401 Year-2025 Thana- LADANIA District- Madhubani
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Dinesh Chandra Yadav Son Of Jivachh Yadav Resident Of Village -Devra P.O
-Bela P.S- Babubarhi District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 8.450 litres of liquor from a motorcycle.
4. 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 he came to be
implicated based on the fact that he is owner of the seized
motorcycle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.15631 of 2026(2) dt.16-03-2026
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use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Jivachh Kumar would misuse the vehicle in the
manner as alleged as he was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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.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
Ladaniya P. S. Case No.401 of 2025, subject to the conditions
laid down under Section 482(2) of the BNNS.
7. The application stands allowed.
8. 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
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.15631 of 2026(2) dt.16-03-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U t
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