Patna High Court
Yuvraj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act (BNS) — s. 318(4), 336(3), 340(2), 3(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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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