Patna High Court
Anil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.
Summary
The petitioner, Anil Kumar Yadav, sought anticipatory bail after a police case was registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 23.250 litres of liquor and seizure of two motorcycles. He argued that he has a clean antecedent, was not arrested at the spot, and that the seized vehicles were merely owned by him, not used by him in the alleged offence. The State opposed the bail, contending that the allegations warranted detention. The Court considered the applicability of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS for granting anticipatory bail. It ordered provisional anticipatory bail, subject to a modest bond, two sureties, and verification of the petitioner’s antecedent within six weeks. The order further stipulated that confirmation of bail would depend on the trial court’s verification of a clean criminal record.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. and Section 482(2) BNSS in the present facts.
- Whether ownership of a vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
- Whether the petitioner’s alleged clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 BNSS
- clean antecedent
- vehicle ownership
- liquor seizure
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1955 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Anil Kumar Yadav S/O Om Prakash Yadav Resident of Village- Korahiya,
P.S- Jaynagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 as well as Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 23.250 litres of liquor and two motorcycles were
seized.
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 one of the seized vehicles. It is next submitted that no
Patna High Court CR. MISC. No.1955 of 2026(2) dt.27-01-2026
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prudent person would use 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 Amit would misuse the vehicle in
the manner as alleged who was also apprehended from the spot
along with Krishna Kumar Yadav.
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 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 Ladaniya
P.S. Case No. 223 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.1955 of 2026(2) dt.27-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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