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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted, subject to verification of the petitioner’s antecedent, as he has a clean record and was not in possession of the seized liquor.

Summary

Santosh Yadav, a resident of Ballia, Uttar Pradesh, feared arrest in a case registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 1,486.56 litres of liquor from a motorcycle. He asserted that he has a clean antecedent, was not in possession of the liquor at the time of seizure, and is not the owner of the vehicle, claiming the investigation relied on secret information. The petitioner sought anticipatory bail, while the State opposed the relief. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The order further directed the petitioner to deposit a sum with the Advocates’ Association and stipulated that the provisional bail would be confirmed only if the petitioner is found to have a clean record.

Issues considered

  • Whether anticipatory bail is warranted in a case under Section 30(a) of the Bihar Excise Act where the accused was not in possession of the seized liquor.
  • Whether the petitioner’s clean antecedent and lack of ownership of the seized vehicle justify granting anticipatory bail.
  • Whether provisional anticipatory bail can be conditioned on verification of antecedent under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • clean antecedent
  • provisional bail
  • criminal procedure
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6640 of 2026
                       Arising Out of PS. Case No.-408 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Santosh Yadav S/o Bhushan Yadav R/o vill - Ghuri Tola, P.S.- Bairiya, Distt.-
                 Ballia, U.P.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :        Mr.Ajay Kumar No. 2
                 ======================================================
                 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 Section 30(a) 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 1486.56 litres of liquor from a motorcycle.

                             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 is not owner of the

                   seized vehicle. It is further submitted that he came to be

                   implicated based on secret information which is the easiest way

                   to implicate someone without holding a proper investigation
Patna High Court CR. MISC. No.6640 of 2026(2) dt.04-02-2026
                                            2/3




          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 Rivilganj

          P.S. Case No. 408 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 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
              Patna High Court CR. MISC. No.6640 of 2026(2) dt.04-02-2026
                                                          3/3




                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 1,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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