Patna High Court
Jai Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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