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Patna High Court

Yuvraj SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Yuvraj Singh, owner of a car seized by police containing 429 litres of liquor, sought anticipatory bail, arguing he had no possession of the liquor and is a person of clean antecedent. The State opposed the bail, contending the offences under Sections 318(4), 336(3), 340(2), 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The Court examined whether ownership of the vehicle alone could justify arrest and whether anticipatory bail was appropriate. It granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s criminal antecedents by the trial court. The order is conditional: if the petitioner is found to have any prior case, the bail will not be confirmed; if he has a clean record, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted when the accused is merely the owner of a vehicle from which contraband was seized and not in actual possession.
  • Whether the provisions of Section 482(2) of the B.N.S.S. permit provisional anticipatory bail pending verification of antecedents.
  • Whether a clean criminal antecedent is a prerequisite for confirming anticipatory bail in this context.

Legislation cited

Subjects

  • anticipatory bail
  • seizure of liquor
  • vehicle ownership
  • criminal antecedent
  • Section 482
  • Bihar Prohibition and Excise Act
  • clean record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42486 of 2026
                 Arising Out of PS. Case No.-393 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
                 ======================================================
                 Yuvraj Singh S/o Hari Singh R/o Village- House No. 02, Naharpur, Rupa
                 Village, P.S- Naharpur Sector- 33, Dist- Gurgaon, Haryana.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh
                 For the Opposite Party/s :      Ms. Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  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 318(4),

                   336(3), 340(2), 3(5) of the BNS and Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 429 litres of liquor from a car and a motorcycle was

                   seized. 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 car. It is further submitted that

                   petitioner has leased the car to Zoomcar India Pvt. Limited on
Patna High Court CR. MISC. No.42486 of 2026(2) dt.30-06-2026
                                            2/3




          commercial basis but then police in a mechanical manner

          without holding a proper investigation implicated the petitioner

          merely for the reason 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.

                       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.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 Laheriasarai P.S. Case No.393/2025, 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 even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.42486 of 2026(2) dt.30-06-2026
                                                         3/3




                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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