Patna High Court
Varisalal Yadav @ Baris Lal Yadav @ Vagis Lal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bail bonds and verification of the petitioner’s antecedent.
Summary
Petitioner Varisalal Yadav sought anticipatory bail fearing arrest in a case alleging possession of 225 litres of liquor recovered from two motorcycles, charging him under Sections 274, 275 and 3(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had a clean antecedent, was not in actual possession of the liquor, and was implicated merely as the owner of one of the vehicles used by a friend. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing the trial court to verify his antecedent before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle from which liquor was seized
- Whether the allegations under the B.N.S., 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022 justify denial of anticipatory bail
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 274, 275, 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- ownership of vehicle
- liquor seizure
- Section 482
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59753 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- ANDHRAMATH District- Madhubani
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Varisalal Yadav @ Baris Lal Yadav @ Vagis Lal Yadav S/o Uttim Lal Yadav
r/o Village- Dakhi, ward no. 1, PS- Andhramath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274, 275
and 3(5) of B.N.S., 2023 as well as 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 225 litres of liquor from two different motorcycles.
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 one of the seized vehicles. It is next submitted
that no prudent person would use his own vehicle for
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committing an occurrence and thus, would create evidence
against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that his friend
would misuse the vehicle in the manner as alleged.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Special Judge
Excise Act, Jhanjharpur, District Madhubani in connection with
Andhramath P.S. Case No.40 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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.
(Satyavrat Verma, J)
Sanjay/-
U T
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