Patna High Court
Nagendra Kumar Yadav @ Nagendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents.
Summary
Nagendra Kumar Yadav, the owner of a motorcycle, was implicated in the recovery of 18 litres of liquor from his vehicle under the Bihar Prohibition and Excise (Amendment) Act, 2018. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that a friend had misused his vehicle. The State opposed his request for anticipatory bail. The Court considered that ownership of the vehicle alone does not establish knowledge or participation in the offence and that the petitioner was not arrested at the scene. Accordingly, the Court granted provisional anticipatory bail subject to a bail bond of Rs.5,000, two sureties of equal amount, and a condition that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail is appropriate when the accused is the owner of the vehicle from which contraband was recovered but lacks conscious possession.
- Whether the presence of prior criminal antecedents affects the grant of anticipatory bail.
- Application of Section 482(2) of the B.N.S.S. in granting provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(1), 32(3)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- vehicle ownership
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32391 of 2026
Arising Out of PS. Case No.-242 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Nagendra Kumar Yadav @ Nagendra Yadav S/O Indra Narayan Yadav R/O
Village-Jiroga, PS- Andharamath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
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 Sections 30(a),
32(1), 32(3) of Bihar Prohibition and Excise (Amendment) Act,
2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 18 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
Patna High Court CR. MISC. No.32391 of 2026(2) dt.13-05-2026
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thus would create evidence against himself and hence would get
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 Jhanjharpur Excise P.S. Case No.242/2025,
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
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on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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