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Patna High Court

Saroj Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.

Summary

The petitioner, Saroj Kumar Yadav, sought anticipatory bail after a case was registered against him under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 60.48 litres of liquor were recovered from a vehicle he owned. He argued that he was not present at the spot of seizure, that the liquor was not in his conscious possession, and that his driver had misused the vehicle without his knowledge. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that the trial court verify his criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Patna High Court Advocate Association.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of alleged liquor seizure and his alleged lack of conscious possession?
  • Whether the petitioner’s prior criminal antecedent, if exceeding two cases, should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2423 of 2026
                        Arising Out of PS. Case No.-216 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Saroj Kumar Yadav Son of Kedar Rai Resident of Village - Rauja Pokhara,
                 P.S.- Chapra Town, District - Saran at Chapra.
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shweta Anand, Advocate
                 For the Opposite Party/s :         Mr. Shyam Bihari Singh, 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 30(a) and

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 60.48 litres of liquor from a car.

                                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.2423 of 2026(2) dt.27-01-2026
                                            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 driver would misuse the vehicle in

          the manner as alleged who also fled away 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 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.10,000/- (Rupees Ten 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 Sadar

          Excise P.S. Case No. 216 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 more than two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.2423 of 2026(2) dt.27-01-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

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

                     petitioner has antecedent of only two cases 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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