Patna High Court
Abhay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedents.
Summary
The petitioner, Abhay Yadav, owner of a truck from which 2,304 litres of liquor were seized, applied for anticipatory bail alleging he had no knowledge of the alleged illegal use of his vehicle and possessed a clean antecedent. The State opposed the bail, contending the seizure implicated the petitioner. The court examined the facts, noting that the liquor was not found in the petitioner's possession and that he was not apprehended at the scene, and considered his claim of lack of knowledge and clean record. Relying on Sections 30(a) and 32(2)(3) of the Bihar Excise Act and the principles of anticipatory bail, the court granted provisional anticipatory bail subject to a bail bond and sureties, and directed verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Excise Act offences.
- Whether the ownership of the seized vehicle alone suffices to justify denial of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(2), 32(3)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- seizure of liquor
- vehicle ownership
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44420 of 2026
Arising Out of PS. Case No.-546 Year-2025 Thana- BEUR District- Patna
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Abhay Yadav S/O Vijay Shankar Yadav Resident of village- Dumadad Nagar,
Ballia, P.S.- Dumadad Nagar, Distt.- Ballia (U.P).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh
For the Opposite Party/s : Ms. Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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 offences punishable under Sections 30(a),
32(2) (3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2304 liters of liquor from a truck and four different
vehicles as detailed in the FIR were seized.
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
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.44420 of 2026(2) dt.03-07-2026
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vehicle for committing an occurrence and thus would create
evidence against himself and at the same time shall bring
disrepute to his business and hence would get implicated, it is
also submitted that petitioner was completely unaware that Suraj
would misuse the vehicle in the manner as alleged who was also
apprehended from the spot along with Ravish, Rahul and Bhim.
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 Beur P.S.
Case No. 546 of 2025 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 even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.44420 of 2026(2) dt.03-07-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Rishabh/-
U T
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