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Patna High Court

Kamlesh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents, and conditioned confirmation of the bail on a clean criminal record.

Summary

Kamlesh Yadav, the owner of a motorcycle from which 26 litres of liquor was seized, applied for anticipatory bail, claiming he had no knowledge of the liquor being in his vehicle and that his friend had misused the vehicle. The petitioner asserted a clean criminal record and argued that ownership alone should not implicate him. The State opposed the bail, contending the offence under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018. The High Court, invoking its inherent powers under Section 482(2) of the Code of Criminal Procedure, granted provisional anticipatory bail subject to a bail bond and two sureties, and ordered verification of the petitioner’s antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case of alleged possession of liquor under the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether ownership of the vehicle from which liquor was recovered is sufficient grounds for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22878 of 2026
                     Arising Out of PS. Case No.-790 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Kamlesh Yadav S/O Sahdew Yadav @ Sahadev Chaudhari R/O Vill- Nimuia,
                 P.s - Kateya, Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Priya Raj
                 For the Opposite Party/s :        Mr. Nand Kumar
                 ======================================================
                 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 offence punishable under Sections 30(a), 32 of

                   Bihar Prohibition and Excise Amendment Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 26 litres of liquor from a motorcycle. It is next

                   submitted that 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 the

                   seized vehicle. 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 would get
Patna High Court CR. MISC. No.22878 of 2026(3) dt.27-04-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Excise P.S. Case No.790/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.22878 of 2026(3) dt.27-04-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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