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Patna High Court

Ramesh Anup YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Ramesh Anup Yadav, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 29.625 litres of liquor from his motorcycle. He argued that the liquor was not found in his conscious possession, that he was unaware of his friend's misuse of the vehicle, and that ownership of the vehicle alone should not constitute incriminating evidence. The State opposed the bail, contending that the offence warranted detention. The Court granted provisional anticipatory bail, subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents within six weeks. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether ownership of a vehicle used in the alleged offence, without conscious possession of the contraband, suffices to justify arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise offence
  • vehicle ownership
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18904 of 2026
                          Arising Out of PS. Case No.-134 Year-2025 Thana- Bahera District- Gaya
                 ======================================================
                 Ramesh Anup Yadav Son of Anup Yadav Resident of Village- Patiyouna, P.S.-
                 Barachatti, District- Gaya
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Paras Nath, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 29.625 litres of liquor from a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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
Patna High Court CR. MISC. No.18904 of 2026(2) dt.26-03-2026
                                            2/3




          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend 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, let 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.5,000/- (Rupees Five 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 Bahera P.S. Case No. 134 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one

          case, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.18904 of 2026(2) dt.26-03-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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