Patna High Court
Mainejar yadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of antecedents and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Mainejar Yadav and his son Jaiprakash Kumar, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 23.94 litres of liquor from a motorcycle. They argued that they have clean antecedents and were not in possession of the liquor; the vehicle was owned by the father, and he was unaware of its misuse by a friend. The State opposed the bail. The High Court, considering the submissions, ordered provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioners' criminal antecedents. The order further stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise the provisional bail would be confirmed. The decision was made under the inherent powers of the Court under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence makes the owner liable for anticipatory bail.
- Whether the petitioners' clean antecedent status affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28435 of 2026
Arising Out of PS. Case No.-569 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Mainejar yadav son of Daroga yadav Resident of village - Nautan Ahir Toli,
Ps- Nautan, Dist- West champaran
2. Jaiprakash Kumar son of Sri Mainejar yadav Resident of village - Nautan
Ahir Toli, Ps- Nautan, Dist- West champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 23.940 litres of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and petitioner no. 1
came to be implicated based on the fact that he is owner of the
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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
implicated, it is further submitted that petitioner no. 1 was
completely unaware that his friend would misuse the vehicle in
the manner as alleged, who also fled from the spot and
petitioner no. 2, being son of petitioner no. 1, also came to be
implicated.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Nautan P.S. Case No. 569 of 2025 subject to
the conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
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case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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