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Patna High Court

Baleshwar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U        T


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