Patna High Court
Gunma Yadav @ Gunama YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
Gunma Yadav sought relief from arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where 30 litres of liquor were allegedly recovered from a motorcycle he owned. He argued that he was not present at the spot, no liquor was found in his possession, and he was unaware that a friend misused his vehicle. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.5,000 with two sureties, and subject to verification of his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith. The decision hinged on the lack of direct possession and the need to verify antecedent history before confirming bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts of the case
- Whether ownership of the vehicle used in the alleged offence is sufficient ground for arrest and denial of bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- vehicle ownership
- excise law
- Section 30(a)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32007 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- CHAKAND District- Gaya
======================================================
Gunma Yadav @ Gunama Yadav S/o Rajan Yadav R/o Village - Dalli Bigha,
P.s.- Belaganj, District - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan
For the Opposite Party/s : Ms. Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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 Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 30 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.32007 of 2026(2) dt.13-05-2026
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implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged who also fled 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.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 Chakand P.S. Case No.51/2026, 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 more than
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
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
Patna High Court CR. MISC. No.32007 of 2026(2) dt.13-05-2026
3/3
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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