Patna High Court

Rohan YadavversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of his antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Rohan Yadav, was implicated in an excise case for the alleged recovery of 100 litres of liquor from a motorcycle he owned. He argued that he had no knowledge of the liquor being in the vehicle and that he had a clean criminal record. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case.
Whether the petitioner’s ownership of the vehicle suffices to establish culpability.
Whether the court should impose conditions pending verification of the petitioner’s criminal antecedent.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
vehicle ownership
clean antecedent
Section 482
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29604 of 2026
                    Arising Out of PS. Case No.-1011 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Rohan Yadav S/O Rekha Yadav @ Reva Yadav R/O Village- Baijnathpur,
                 P.S.- Mohanpur, Distt.- Gayaji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukul Kumari
                 For the Opposite Party/s :        Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  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(3), 41(1) and 41(2) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 100 liters of liquor from a motorcycle.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended 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 an occurrence and thus would
Patna High Court CR. MISC. No.29604 of 2026(2) dt.04-05-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Chhotu would misuse the vehicle in the manner as alleged

          who was also apprehended 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, 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. 1011 of 2025 subject to the conditions as laid

          down under Section 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 in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.29604 of 2026(2) dt.04-05-2026
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                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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