Patna High Court
Birendra Yadav @ Virendra 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 conditions and verification of his criminal antecedent.
Summary
The petitioner, Birendra Yadav, owner of a vehicle from which 40.125 litres of liquor was seized, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act. He argued he had a clean antecedent and was unaware that the vehicle would be misused by another person, Kundan, who was apprehended at the spot. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, verification of the petitioner’s criminal antecedent, and a deposit of Rs. 1,500 with the Lawyers’ Association. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court exercised its inherent powers under Section 482(2) of the BNSS to issue the provisional bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of the offence justify granting bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5329 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- PANJWARA District- Banka
======================================================
Birendra Yadav @ Virendra Yadav Son of Kedar Yadav President of
Dharampur, P.S. - Amarpur, Dist. - Banka.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 40.125 litres of liquor from an Auto.
4. Learned counsel for the petitioner submits that the
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 would
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Kundan would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot.
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 Panjwara
P.S. Case No. 107 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
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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