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Patna High Court

Ajay Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Ajay Kumar Yadav, was implicated in a case involving the seizure of 168.48 litres of liquor from a car and a motorcycle registered in his name, under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He argued that he had no conscious possession of the liquor, had a clean antecedent, and was unaware that another person, Shankar Kumar, would misuse his vehicle. The State opposed his application for anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail on the condition of a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s criminal antecedent. It further directed that if the petitioner is found to have any prior case, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged seizure of liquor.
  • Whether the petitioner’s ownership of the vehicle and alleged lack of conscious possession justify granting bail.
  • Whether the petitioner’s criminal antecedent, if any, should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22756 of 2026
                      Arising Out of PS. Case No.-332 Year-2025 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Ajay Kumar Yadav S/O Tileshar Yadav @ Teelesar Yadav R/O Vill.-
                 Yodhabigha, P.S.- Barachatti, Dist.- Gaya ji
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 30(a) and

                   41 of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 168.48 litres of liquor from a car and 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 car. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence

                   and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.22756 of 2026(3) dt.27-04-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that Shankar Kumar would misuse the

          vehicle in the manner as alleged who was also apprehended

          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 appearing on behalf of 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.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 Barachatti P.S.

          Case No. 332 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 even 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.22756 of 2026(3) dt.27-04-2026
                                                       3/3




                     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.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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