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Patna High Court

Amar Yadav @ Amart Nath YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, given the petitioner’s clean antecedent and lack of direct possession, provisional anticipatory bail may be granted subject to verification of antecedent and compliance with stipulated conditions.

Summary

The petitioner, Amar Yadav, sought anticipatory bail fearing arrest in a case involving alleged illegal possession of 720 litres of liquor and seizure of a Bolero vehicle and a motorcycle under Sections 338, 336(3) and 318(4) of the Bihar Narcotic Substances Act, 2023 read with Sections 30(a) and 41(i) of the Bihar Excise Act. He asserted a clean criminal record, denied ownership of the seized vehicles, and claimed the investigation was based solely on secret information. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and ordered verification of the petitioner’s antecedent within six weeks. If any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The petitioner was also directed to deposit Rs.1,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
  • Whether the petitioner’s clean antecedent and lack of possession justify granting anticipatory bail.
  • What conditions may be imposed on anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act.

Legislation cited

Subjects

  • anticipatory bail
  • bail conditions
  • criminal antecedent
  • liquor seizure
  • Bihar Excise Act
  • Bihar Narcotic Substances Act
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6434 of 2026
                        Arising Out of PS. Case No.-41 Year-2025 Thana- DURAULI District- Siwan
                 ======================================================
                 Amar Yadav @ Amart Nath Yadav Son of Saral Choudhary Resident of Vill. -
                 Utarwar Barwan, P.S. - Andar, Dist.- Siwan.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 338,

                   336(3) and 318(4) of the BNS, 2023 read with Sections 30(a)

                   and 41(i) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 720 liters of liquor from a Bolero vehicle and a

                   motorcycle was also seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized vehicle and he came to be implicated
Patna High Court CR. MISC. No.6434 of 2026(2) dt.04-02-2026
                                            2/3




          based on secret information which is the easiest way to

          implicate someone, when petitioner admittedly is a person with

          clean antecedent.

                       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 Darauli

          P.S. Case No. 41 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
            Patna High Court CR. MISC. No.6434 of 2026(2) dt.04-02-2026
                                                        3/3




                      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, 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)
Rishabh/-

U      T


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