Patna High Court
Haribhajan 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 antecedent.
Summary
The petitioner, Haribhajan Yadav, was implicated in a case alleging recovery of 68 litres of liquor from a scooty he owned, though he was not arrested at the spot and no liquor was found in his immediate possession. He claimed a clean antecedent and that his friend, who fled, misused the vehicle without his knowledge. The State opposed his anticipatory bail application. The Court, considering the submissions, granted provisional anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the B.N.S.S., subject to a bail bond of Rs.500 with two sureties and a six‑week window for surrender. The order also conditioned confirmation of bail on verification of the petitioner’s criminal antecedent, with the bail to be revoked if any prior case is discovered.
Issues considered
- Whether anticipatory bail can be granted in a case where the accused is not in immediate possession of the contraband.
- Whether ownership of the vehicle used for the alleged offence is sufficient to implicate the accused.
- Whether the petitioner’s clean antecedent warrants provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(i)(iii), 41(i)(ii)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- possession
- vehicle ownership
- criminal antecedent
- Section 438 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33155 of 2026
Arising Out of PS. Case No.-701 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Haribhajan Yadav S/o Jitan Yadav Resident of Village- Rahari, P.S.- Ramgarh,
Dist.- Kaimur (Bhabua)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 offences punishable under Sections 30(a),
32(i)(iii) and 41(i)(ii) of the 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 68 litres of liquor from a Scooty.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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
Patna High Court CR. MISC. No.33155 of 2026(2) dt.14-05-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that his friend would misuse the vehicle in
the manner as alleged who also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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 Excise (Bhabua)
P.S. Case No. 701 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.33155 of 2026(2) dt.14-05-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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