Krishna YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18789 of 2026
                     Arising Out of PS. Case No.-140 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Krishna Yadav Son of Manan Yadav Resident of Village - Chakani, Police
                 Station - Brahmpur, District - Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 litres of liquor from two different motorcycles.

                             4.    Learned counsel for the petitioner submits that the

                   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 one of the

                   seized vehicles. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.18789 of 2026(2) dt.25-03-2026
                                            2/3




          thus would create evidence against himself and hence would get

          implicated. It is further submitted that petitioner was completely

          unaware that Pawan would misuse the vehicle in the manner as

          alleged, who was also apprehended from the spot along with

          Tanmay Pathak.

                   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 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 Jagdishpur P.S. Case No. 140 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
               Patna High Court CR. MISC. No.18789 of 2026(2) dt.25-03-2026
                                                           3/3




                         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)
vikash/-

U          T