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Patna High Court

Sintu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions imposed under Section 482(2).

Summary

The petitioner, Sintu Yadav, was implicated in an excise case (Case No. 366 of 2025) for the alleged recovery of 10 litres of liquor from a motorcycle he owned. He contended that he had a clean antecedent, was not in possession of the liquor, and was unaware that another individual, Vishal, misused his vehicle. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision was made under the inherent powers of the Court pursuant to Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in the context of the excise offence.
  • Whether the petitioner’s ownership of the vehicle, without possession of the seized liquor, suffices to justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • clean antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15971 of 2026
                       Arising Out of PS. Case No.-366 Year-2025 Thana- Excise P.S. District- Banka
                 ======================================================
                 Sintu Yadav son of Anirudh Yadav Resident of village- Baja P S -Amarpur
                 District -Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sudhir Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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 Sections 30(a)

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 liters of liquor from a motorcycle.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended 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.15971 of 2026(3) dt.06-04-2026
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          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Vishal 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 before the learned Trial Court

          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 Banka

          Excise P.S. Case No. 366 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.15971 of 2026(3) dt.06-04-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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