Patna High Court
Amresh Kumar Yadav @ Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Amresh Kumar Yadav, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 274, 275(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that the liquor seized (11.250 litres) was found in a scooter he owned but not in his personal possession, and that he had a clean criminal record. The State opposed the bail, contending that ownership of the vehicle implicated him in the offence. The Court, applying Section 482(2) of the Bihar Narcotic Substances (Special) Act, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and a requirement to deposit Rs.1,500 with the Advocates’ Association. The order further directed the trial court to verify the petitioner’s antecedents and confirm the bail if no prior cases are found, otherwise to cancel it.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged possession of liquor under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Bihar Narcotic Substances Act.
- Whether ownership of the vehicle in which liquor was found is sufficient grounds for arrest and denial of bail.
- Whether the conditions imposed under Section 482(2) of the Bihar Narcotic Substances (Special) Act are appropriate.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275(5)
- Bihar Narcotic Substances (Special) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- criminal antecedent
- vehicle ownership
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5128 of 2026
Arising Out of PS. Case No.-45 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Amresh Kumar Yadav @ Amresh Kumar S/O Kamal Yadav R/O Village-
Siswa Barhi, P.S- Phulparas, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Sections 274, 275,
3(5) of 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 11.250 litres of liquor from a Scooty. 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.5128 of 2026(2) dt.02-02-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Shravan would misuse his vehicle in
the manner as alleged, who was also apprehended from the spot
along with Bhagwan.
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 before the learned Court below
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 Khutauna
P.S. Case No.45/2025, 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.5128 of 2026(2) dt.02-02-2026
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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.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
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