Patna High Court
Nathu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Nathu Kumar Yadav, owner of a six-wheeler, was implicated in a case (PS Case No. 272 of 2025) for the alleged recovery of 1,745.28 litres of liquor seized from his vehicle under Section 30(a) of the Bihar Excise Act. He contended that he had no knowledge of the liquor being in the vehicle, that the driver and a customer misused the vehicle, and that he had a clean criminal antecedent. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s antecedent. If any prior case is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the applicable code in view of the alleged offence under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- vehicle owner
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18285 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Nathu Kumar Yadav Son of Nageshwar Rai Resident of Village- Kinaru, P.S.-
Maniyari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 1745.28 liters of liquor from a six wheeler vehicle.
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.18285 of 2026(2) dt.25-03-2026
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create evidence against himself and hence would get implicated
and at the same time shall bring disrepute to his business, it is
also submitted that petitioner was completely unaware that his
driver, in connivance of the customer who had hired the vehicle,
would misuse the vehicle in the manner as alleged who also fled
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.
10,000/- (Rupees Ten 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
Bhagwanpur P.S. Case No. 272 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
Patna High Court CR. MISC. No.18285 of 2026(2) dt.25-03-2026
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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)
Rishabh/-
U T
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