Patna High Court
Vijay Singh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedents and compliance with the conditions imposed under Section 482(2).
Summary
Vijay Singh Yadav, owner of a pickup vehicle, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the alleged recovery of 388.96 litres of liquor from his vehicle. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that his driver misused the vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed the trial court to verify his antecedents. If any antecedent is found, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether ownership of the vehicle used for the alleged offence suffices to justify arrest without possession of the contraband
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 30
- Section 482
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.812 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- KORANSARAI District- Buxar
======================================================
Vijay Singh Yadav S/o Sri Nivash Yadav @ Sri Niwas Singh Resident of
Village- Dubauli, P.O.- Puliya, P.S.- Buxar (M), Dist.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 388.96 litres of liquor from a pick up vehicle. 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
the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.812 of 2026(2) dt.19-01-2026
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implicated. It is thus submitted that the petitioner was
completely unaware that Dablu would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Chotu.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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
Koransarai P.S. Case No.7/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.812 of 2026(2) dt.19-01-2026
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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)
amit/-
U T
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