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Patna High Court

Ajit Kumar @ Ajit Yadav @ Ajit Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with bail conditions.

Summary

The petitioner, Ajit Kumar Yadav, sought anticipatory bail in a case registered under Sections 279, 337, 338 of the IPC and Section 30(a) of the Bihar Excise Act for alleged recovery of 10.125 litres of liquor from his motorcycle. He argued that he was not present at the spot, the liquor was not in his conscious possession, and he was unaware that a friend misused his vehicle. The State opposed the bail, citing the seriousness of the offences and the petitioner’s antecedent of seven prior cases, four under the Excise Act. The court granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. The bail will be confirmed only if the antecedent does not exceed seven cases; otherwise, the provisional order will lapse.

Issues considered

  • Whether anticipatory bail can be granted when the accused is alleged owner of a vehicle used in the commission of offences under the IPC and Excise Act.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • IPC offences
  • Bihar Excise Act
  • Section 482
  • motor vehicle
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34835 of 2026
                     Arising Out of PS. Case No.-203 Year-2022 Thana- CHORAUT District- Sitamarhi
                 ======================================================
                 Ajit Kumar @ Ajit Yadav @ Ajit Kumar Yadav S/o Ramlala Yadav @ Ram
                 Lal Yadav Resident of Village - Mahisautha, Police Station - Bokhra, District-
                 Sitamadhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-06-2026                  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 279, 337

                   and 338 of the Indian Penal Code read with Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 10.125

                   liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be
Patna High Court CR. MISC. No.34835 of 2026(3) dt.25-06-2026
                                            2/3




          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 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 for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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 Choraut

          P.S. Case No. 203 of 2022 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.34835 of 2026(3) dt.25-06-2026
                                                        3/3




                      than seven cases then it would be presumed that petitioner, for

                      the purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of seven

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T


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