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Patna High Court

Jai Prakash YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Jai Prakash Yadav, was implicated in a case for allegedly transporting 648 litres of liquor in his Bolero vehicle, violating Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He argued that he was not in possession of the liquor, was unaware of his driver’s alleged misuse of the vehicle, and that his prior criminal record of four cases should not automatically lead to arrest. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 20,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; if exactly four are found, the bail would be confirmed forthwith. The decision was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the excise case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018
  • Whether ownership of the vehicle and prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle seizure
  • criminal antecedent
  • Section 30
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16401 of 2026
                       Arising Out of PS. Case No.-211 Year-2025 Thana- SRIPUR District- Gopalganj
                 ======================================================
                 Jai Prakash Yadav S/O Late Ramayan Yadav R/O Village- Ajoriya, P.S-
                 Bhatparrani, District- Deoriya Uttar Pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases and allegation is of

                   recovery of 648 litres of liquor from a Bolero vehicle. It is next

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

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.16401 of 2026(2) dt.17-03-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his driver would misuse his vehicle in

          the manner as alleged. It is next submitted that of late police has

          started implicating accused having criminal antecedent other

          than excise act in cases relating to excise for obvious reason,

          without holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       5. 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.20,000/- (Rupees twenty thousand)

          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 Sripur P.S. Case No.211/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          four cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.16401 of 2026(2) dt.17-03-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of four

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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