Patna High Court
Baleshwar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedents, with confirmation only if no prior criminal record is found.
Summary
The petitioner, Baleshwar Yadav, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 4.5 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not in actual possession of the liquor, and that his son had misused the vehicle without his knowledge. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case arising under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether ownership of the vehicle from which liquor was seized makes the owner liable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31860 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- Excise P.S. District- Banka
======================================================
Baleshwar Yadav S/o Late Etvari Yadav Resident of Village - Barakola,
Inarabaran, P.S. - Katoriya, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar
For the Opposite Party/s : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 offence punishable under Sections 30(a) and
32(3) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 4.5 litres of liquor from a motorcycle. It is next
submitted 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 an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.31860 of 2026(2) dt.12-05-2026
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implicated. It is also submitted that the petitioner was
completely unaware that his son Vishnu would misuse his
vehicle in the manner as alleged who was also apprehended
from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Banka Excise P.S. Case No.126/2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.31860 of 2026(2) dt.12-05-2026
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on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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