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Patna High Court

Purn Mashi Yadav @ Purnwasi YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted provisionally to the petitioner, subject to verification of his criminal antecedent and compliance with bail conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Purn Mashi Yadav, sought anticipatory bail in a case under Sections 30(a) and 34 of the Bihar Excise Act, alleging that liquor was recovered from a motorcycle he owned but he was not present at the spot. He argued that he had no knowledge of his friend's alleged misuse of the vehicle and that no liquor was found in his conscious possession. The State opposed the bail, contending that the petitioner was implicated by ownership of the vehicle. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties, and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle from which liquor was recovered.
  • Whether ownership of the vehicle alone can constitute sufficient grounds for arrest under the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29617 of 2026
                  Arising Out of PS. Case No.-237 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Purn Mashi Yadav @ Purnwasi Yadav S/o Maharaj Yadav R/o Village -
                 Baharar, PS - Sasaram (M), District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash Dwivedi
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  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) and

                   34 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 10 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.29617 of 2026(2) dt.05-05-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further 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 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.

          5000/- (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 Sasaram

          Muffasil P.S. Case No. 237 of 2018 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 more

          than 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
            Patna High Court CR. MISC. No.29617 of 2026(2) dt.05-05-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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