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Patna High Court

Sanjay Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Sanjay Kumar Yadav, sought anticipatory bail after being implicated in a case alleging recovery of 15.840 litres of liquor from his motorcycle, under several sections of the Bihar Prohibition and Excise Act, 2016. He argued that he was not in conscious possession of the liquor and was unaware that another individual misused his vehicle. The State opposed the bail. The Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail will be revoked; otherwise, it will be confirmed. The petitioner also agreed to deposit a further amount with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail should be granted when the accused is the owner of a vehicle from which liquor was recovered but is not in conscious possession.
  • Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail.
  • Whether the owner of a vehicle can be implicated solely on the basis of the vehicle’s use by another person.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • vehicle owner liability
  • clean antecedent
  • Cr.P.C. 438
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2635 of 2026
                  Arising Out of PS. Case No.-304 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Sanjay Kumar Yadav S/O Guputnath Yadav R/O Village- Kushahariya, P.S-
                 Durgawati, District- Kaimur
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sarfraz Ahmad, Advocate
                 For the Opposite Party/s :         Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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),

                   32(i), 32(iii), 41(i) and 41(2) of the Bihar Prohibition and Excise

                   Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 15.840 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
Patna High Court CR. MISC. No.2635 of 2026(2) dt.28-01-2026
                                            2/3




          and thus would create evidence against himself and hence

          would get implicated. It is also submitted that petitioner was

          completely unaware that Sachin would misuse the vehicle in the

          manner as alleged who was also apprehended from the spot

          along with Suraj.

                       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 Excise

          P.S. Case No. 304 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

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.2635 of 2026(2) dt.28-01-2026
                                                       3/3




                     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.1,500/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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