Patna High Court
Ramesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
Ramesh Yadav, owner of a motorcycle, was implicated in a case (PS Case No.428 of 2025) for alleged recovery of 60 litres of liquor from two motorcycles, alleged under Section 30(a) of the Excise Act. He was not arrested at the spot and claimed he was unaware that another person misused his vehicle. The petitioner sought anticipatory bail under Section 438 of the Cr.P.C. The court examined whether ownership of the vehicle and the alleged seizure justified denial of bail and considered the petitioner’s limited criminal antecedent. It held that anticipatory bail could be granted conditionally, directing the petitioner to furnish a bail bond of Rs.5,000 with two sureties and to appear before the trial court for verification of his antecedents. The provisional bail will be confirmed if only one prior case is found, but may be withdrawn if more than one antecedent is discovered.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. for an offence punishable under Section 30(a) of the Excise Act.
- Whether ownership of a vehicle used in the alleged offence precludes the grant of anticipatory bail.
- What conditions should be imposed on provisional anticipatory bail, including verification of criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 438 Cr.P.C.
- motor vehicle ownership
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6905 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Ramesh Yadav Son of Late Krishna Yadav Resident of Village - Mahadewa,
P.S.- Obra, District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupa Kumari
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 60 litres of liquor from two motorcycles.
4. The learned counsel for the petitioner submits 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 motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
Patna High Court CR. MISC. No.6905 of 2026(2) dt.19-02-2026
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would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Sudhir Kumar would misuse the vehicle in the
manner as alleged as he was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 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.5,000/- (Rupees Five Thousand) 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 Obra P. S. Case No.428 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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 more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.6905 of 2026(2) dt.19-02-2026
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obtaining 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 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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