Patna High Court
Amerika @ Amerika YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, holding that ownership of the vehicle without constructive possession of the seized liquor and a clean criminal record warrant bail.
Summary
The petitioner, Amerika Yadav, sought anticipatory bail after the police seized 51.84 litres of illicit liquor from a motorcycle he owned, though the liquor was not in his constructive possession and he had no criminal record. The prosecution alleged that co‑accused were transporting the liquor using the petitioner’s vehicle, implicating him by ownership. The petitioner argued that he merely lent the motorcycle to his brother and was not involved in the illegal activity. The court considered the lack of direct possession, the petitioner’s clean antecedent, and the fact that the offence arose under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. Weighing these factors, the court granted anticipatory bail subject to a bond, sureties, and strict conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the accused is only the registered owner of the vehicle used in the alleged offence and has no constructive possession of the illicit liquor.
- Whether the petitioner’s lack of criminal antecedent and absence of direct involvement justify the grant of anticipatory bail under Section 438 CrPC and Section 482 B.N.S.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- constructive possession
- illicit liquor
- motor vehicle ownership
- Section 30 Bihar Prohibition and Excise Amendment Act
- Section 438 CrPC
- Section 482 Bhartiya Nagarik Suraksha Sanhita
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33919 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- THAKRAHA District- West Champaran
======================================================
Amerika @ Amerika Yadav S/o Mangarasan @ Bhagarasan R/o Village-
Lakshmipur Deeh, P.S- Barwapatti, Dist- Kushinagar (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Thakraha P.S. Case No.18 of 2026, F.I.R dated
09.02.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, a total of 51.84 liters of
english liquor has been recovered from a motorcycle bearing
Reg. No. UP 57K0957, which was driven by other co-accused
and the petitioner is the registered owner of the said motorcycle.
4. Learned counsel for the petitioner submits that the
maternal brother of the co-accused, namely, Naresh Yadav, had
taken the motorcycle of this petitioner bearing Reg. No. UP
57K0957 and the petitioner is the owner of the said motorcycle.
It has next been submitted that the petitioner is in no way
Patna High Court CR. MISC. No.33919 of 2026(2) dt.20-05-2026
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connected with the seized country made liquor and the co-
accused persons, as per the allegations, have been found to be
carrying the illicit liquor and the name of the petitioner has
transpired in the present case on him being the owner of the said
motorcycle. Lastly, it has been submitted that the petitioner has
no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the name of the
petitioner has transpired in the present case on him being the
owner of the said motorcycle and the petitioner has no criminal
antecedent, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Special Judge Excise, Bagaha, West Champaran, in
Patna High Court CR. MISC. No.33919 of 2026(2) dt.20-05-2026
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connection with Thakraha P.S. Case No.18 of 2026 subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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