Patna High Court
Ashok Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
Ashok Kumar Yadav, a resident of Madhubani, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 54 litres of liquor from two motorcycles, one of which he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused his vehicle. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and the circumstances of the alleged offence, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of his criminal antecedents by the trial court. If any antecedent is discovered, the bail would be presumed concealed and the order would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the Bihar Negotiable Securities Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- bail
- excise law
- liquor seizure
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44146 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Ashok Kumar Yadav S/o Mukti Yadav R/o Vill- Kerwar,P.S- Patauna ,Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 54 litres of liquor from two motorcycles. 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 one
of the seized vehicles. 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
Patna High Court CR. MISC. No.44146 of 2026(2) dt.07-07-2026
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would get implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged, who also fled from the spot.
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 Madhubani Sadar Excise P.S. Case No.277 of
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
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
Patna High Court CR. MISC. No.44146 of 2026(2) dt.07-07-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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