Patna High Court
Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Kishor Yadav, owner of one of three motorcycles from which 105 litres of liquor were seized, applied for anticipatory bail after fearing arrest under Sections 30(a) and 41 of the Bihar Excise Act. He argued that he had no prior criminal record, was not in possession of the liquor, and was unaware that another individual misused his vehicle. The State opposed the bail. The High Court, considering the petitioner's clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a Rs. 500 bond with two sureties, verification of his criminal record, and a deposit of Rs. 1,500 to the Legal Services Committee. The order is conditional on Section 482(2) of the BNSS and will be confirmed if the petitioner’s antecedent remains clean.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances.
- Whether ownership of the seized vehicle implicates the petitioner under the Bihar Excise Act.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- seizure of liquor
- vehicle ownership
- clean antecedent
- provisional bail
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5955 of 2026
Arising Out of PS. Case No.-256 Year-2023 Thana- PARANDABAR District- Nawada
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Kishor Yadav Son of Kallu Yadav Resident of village - Manhona, Police
Station - Fatehpur, District - Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Sections 30(a) and
41 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 105 litres of liquor from three different motorcycles.
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 one of the
seized motorcycles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.5955 of 2026(2) dt.03-02-2026
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thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that Anuj would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot along with
Pawan and Mayank.
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
Parnadabar P.S. Case No. 256 of 2023, 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
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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.
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 Patna High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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