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Patna High Court

Vijay Prasad YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Vijay Prasad Yadav, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 83.5 litres of liquor from his motorcycle. He argued that he was not in possession of the liquor, was unaware of the misuse of his vehicle by another person, and that ownership of the vehicle alone should not implicate him. The State opposed the bail. The High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent. If more than one prior case is found, the bail may be withdrawn; if only one antecedent exists, the bail will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in a case arising under Section 30(a) of the Excise Act.
  • Whether mere ownership of the vehicle used in the alleged offence justifies denial of anticipatory bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • bail conditions
  • criminal antecedent
  • vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28909 of 2026
                  Arising Out of PS. Case No.-138 Year-2025 Thana- TERHAGACHH District- Kishanganj
                 ======================================================
                 Vijay Prasad Yadav S/o Jagdev Yadav R/o- Shishagachhi, Dhaveli Ward no.2,
                 P.S.- Tedhagaach, Distt-Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ram Jiban Pd Singh
                 For the Opposite Party/s :      Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 83.5 litres of liquor from a motorcycle.

                                4. The learned counsel for the petitioner submits 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 a crime and thus, would create
Patna High Court CR. MISC. No.28909 of 2026(2) dt.30-04-2026
                                            2/3




          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          Chhotu Yadav would misuse the vehicle in the manner as

          alleged as he was also apprehended at the spot.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Tedhagaach P. S. Case No.138 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then

          it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.28909 of 2026(2) dt.30-04-2026
                                                           3/3




                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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