Patna High Court
Vijay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedent.
Summary
Vijay Yadav applied for anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the alleged recovery of 192.75 litres of liquor from two motorcycles, one of which he owned. 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 another person misused his vehicle. The State opposed the bail. The High Court, considering the petitioner's clean antecedent and the circumstances of ownership, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of ownership of the vehicle used in the alleged offence
- Whether the petitioner’s clean antecedent and lack of direct possession of the seized liquor justify the grant of anticipatory bail
- Whether the conditions imposed under Section 482(2) of the applicable statute are appropriate
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87346 of 2025
Arising Out of PS. Case No.-274 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Vijay Yadav S/o- Late Bhuneshwar Yadav R/v- Mohanpur Bus Stand, PS-
Mohanpur, Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 32(3) 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 192.75 litres of liquor from two motorcycles. 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
one of the seized motorcycles. 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
Patna High Court CR. MISC. No.87346 of 2025(2) dt.17-01-2026
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hence, would get implicated. It is also submitted that petitioner
was completely unaware that Ramashankar Kumar would
misuse the vehicle in the manner as alleged, who was also
apprehended from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No.-3, Gayaji in connection with Excise
Sherghati P.S. Case No.274 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.87346 of 2025(2) dt.17-01-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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