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Patna High Court

RANJEET YADAV @ RANJIT YADAVversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is warranted where the petitioner has a clean antecedent and there is no likelihood of tampering with evidence, even if the vehicle used in the alleged offence is owned by him.

Summary

The petitioner, Ranjeet Yadav, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016 for allegedly recovering 26.820 litres of foreign liquor from his auto. He claimed a clean antecedent and argued that the liquor was not found in his conscious possession, but only because he owned the vehicle used by the driver. The State opposed the bail, contending that the offence was serious and the petitioner could tamper with evidence. The Court examined the facts, the petitioner’s lack of prior criminal record, and the statutory provisions governing anticipatory bail. Concluding that the petitioner was unlikely to flee or influence the investigation, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • What is the applicability of Section 438 CrPC (or Section 482 of the Bharatiya Nagarik Suraksha Sanhita) for granting anticipatory bail in a case under the Bihar Prohibition & Excise Act?
  • Whether the petitioner’s ownership of the vehicle and alleged lack of conscious possession justify the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S. 2023
  • Bihar Prohibition & Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31463 of 2026
                       Arising Out of PS. Case No.-1359 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
                 RANJEET YADAV @ RANJIT YADAV S/o- Visheshar Yadav R/v- Chattu
                 Bigha Ps- Vishnupad Dist- Gaya
                                                                 ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nafisu Zzoha
                 For the Opposite Party/s :        Mr.Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 30(a) and 32(3) of

                   Bihar Prohibition & Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 26.820 litres of foreign liquor from an auto.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case, it is next submitted that petitioner was not arrested

                   on the spot and as such nothing was recovered from conscious

                   possession of the petitioner 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
            Patna High Court CR. MISC. No.31463 of 2026(2) dt.12-05-2026
                                                        2/2




                      committing a crime and thus, would create evidence against

                      himself and hence would get implicated. it is further submitted

                      that petitioner was completely unaware that the driver would

                      misuse the vehicle in the manner as alleged as he was also

                      apprehended at the spot along with liquor.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, I am inclined to grant privilege of anticipatory bail

                      to the petitioner.

                                   7. Let the petitioner, as named above, in the event of

                      his arrest or surrender within four weeks from today, be

                      enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Excise No.3, Gaya

                      in connection with Gaya Excise P.S. Case No. 1359 of 2026,

                      subject to the conditions laid down under section 438(2) of the

                      Code of Criminal Procedure/Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023.



                                                                      (Satyavrat Verma, J)
sanjeev/-

U


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