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Patna High Court

Anil Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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