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Patna High Court

Kishor YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
              Patna High Court CR. MISC. No.5955 of 2026(2) dt.03-02-2026
                                                          3/3




                        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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