Patna High Court

Umesh Rai @ Umesh YadavversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated bail conditions.

Summary

Umesh Rai was implicated in a case under Section 414 of the IPC read with Section 30(a) of the Bihar Excise Act for alleged recovery of 180 litres of liquor from three motorcycles. He argued that he was not present at the spot, that the seized vehicle belonged to him but was misused by a friend, and that he had no knowledge of the offence. The petitioner, having four prior cases (three under the Excise Act), sought anticipatory bail fearing arrest. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of a Rs.20,000 bail bond with two sureties and directed verification of his criminal antecedent; if more than four prior cases are found, the bail would not be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in an excise offence and his prior criminal record.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)
Indian Penal Code — s. 414

Subjects

anticipatory bail
Section 414 IPC
Bihar Excise Act
criminal antecedent
bail conditions
vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30817 of 2026
                      Arising Out of PS. Case No.-516 Year-2023 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Umesh Rai @ Umesh Yadav S/o Avdhesh Yadav R/o vill- Sursand, Ward No.
                 14, Police Station- Sursand, District- Sitamadhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 414 of the

                   IPC read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases out of which three cases

                   are under the Excise Act and allegation is of recovery of 180

                   liters of liquor from three different motorcycles.

                                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 one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.30817 of 2026(2) dt.07-05-2026
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          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 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.

          20000/- (Rupees Twenty 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 Sursand

          P.S. Case No. 516 of 2023 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 four cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.30817 of 2026(2) dt.07-05-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of four

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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