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Patna High Court

Ballad YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedents.

Summary

The petitioner, Ballad Yadav, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly transporting 60.450 litres of liquor in a vehicle he owned. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and he was unaware that his driver, Jhappu, misused the vehicle. The State opposed the bail, contending that ownership of the vehicle linked the petitioner to the offence. Justice Satyavrat Verma granted provisional anticipatory bail, subject to a modest bond, two sureties, and verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, whereas a clean record would lead to confirmation of the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether mere ownership of the vehicle used for alleged contravention suffices to justify denial of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44347 of 2026
                    Arising Out of PS. Case No.-202 Year-2025 Thana- EXCISE JAGDISHPUR District-
                                                         Bhojpur
                 ======================================================
                 Ballad Yadav S/o Raj Ram Yadav R/o Village- Arail P.s. - Chainpur, Dist. -
                 Kaimur at Bhabhua.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uday Kumar
                 For the Opposite Party/s :      Mr. Ramesh Chandra
                 ======================================================
                 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 (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 60.450 litres of liquor from an auto. 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 vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.44347 of 2026(2) dt.07-07-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that Jhappu would misuse his vehicle in the

          manner as alleged, who was also apprehended from the spot

          along with Suraj.

                       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 Excise Jagdishpur P.S. Case No.202/2025,

          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
             Patna High Court CR. MISC. No.44347 of 2026(2) dt.07-07-2026
                                                         3/3




                       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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