Patna High Court
Amar Yadav @ Amart Nath YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 318(4), 336(3), 338, 482(2)
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
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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
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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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