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Patna High Court

Yashodhar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated bond and surety conditions.

Summary

The petitioner, Yashodhar Yadav, owner of a Scorpio vehicle, was implicated in a case where 450 litres of liquor were recovered from his vehicle, alleged to violate Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. He applied for anticipatory bail, claiming a clean antecedent and that he was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith. The order is made under Section 482(2) of the relevant procedural law.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail for offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle used by the driver makes the petitioner liable for the alleged offences.
  • What conditions, if any, should be imposed while granting anticipatory bail in such cases.

Legislation cited

Subjects

  • anticipatory bail
  • vehicle ownership
  • liquor seizure
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.183 of 2026
                   Arising Out of PS. Case No.-78 Year-2025 Thana- Araria Sangram District- Madhubani
                 ======================================================
                 Yashodhar Yadav Son fo Ramdev Yadav R/o Village - Laukahi, Jhahuri
                 (Amarpura), P.S. - Laukahi, Distt Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  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 274, 275

                   and 3(5) of the BNS, 2023 read with 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 450 liters of liquor from a Scorpio 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
Patna High Court CR. MISC. No.183 of 2026(2) dt.15-01-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his driver would misuse the vehicle in the manner as alleged.

                       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 Araria

          Sangram P.S. Case No. 78 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
            Patna High Court CR. MISC. No.183 of 2026(2) dt.15-01-2026
                                                        3/3




                      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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