Patna High Court
Ajit Kumar @ Ajit Yadav @ Ajit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 279, 337, 338
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
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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
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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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