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Patna High Court

Nivash YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Nivash Yadav, was implicated in a case (PS Case No. 716 of 2025) for allegedly possessing 63 litres of liquor recovered from a motorcycle he owned, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had a clean antecedent, was not arrested at the spot, and was unaware that a friend misused his vehicle, thus no conscious possession existed. The State opposed his anticipatory bail application. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of his antecedent. The order stipulates that if any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case of alleged liquor possession under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the ownership of the vehicle used for the alleged offence creates a presumption of participation sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership
  • liquor seizure
  • Section 438 Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24722 of 2026
                      Arising Out of PS. Case No.-716 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Nivash Yadav S/O Rameswar Yadav R/O Vill- Tilkolwa Belahi Khas, P.S. -
                 Kateya, Distt- Gopalganj
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Priya Raj, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 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 63 litres of liquor from 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 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,
Patna High Court CR. MISC. No.24722 of 2026(2) dt.20-04-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who also fled 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 Kateya P.S. Case

          No. 716 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

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.24722 of 2026(2) dt.20-04-2026
                                                       3/3




                     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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