Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Shankar Yadav, the owner of a motorcycle from which 12 litres of liquor were recovered, was charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act. He contended that he had a clean antecedent, was not in actual possession of the liquor, and that the vehicle had been misused by another person, Ajay Kumar, who was apprehended at the scene. The State opposed his anticipatory bail application. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent. The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed. The application was therefore allowed, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the owner of a vehicle from which liquor is recovered can be granted anticipatory bail when he claims lack of possession and a clean antecedent.
- Whether the allegations under Sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act justify denial of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90497 of 2025
Arising Out of PS. Case No.-176 Year-2024 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Shankar Yadav Son of Ramdhani Yadav Resident of Village- Dariapur, P.S.-
Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nidhi Anand, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 47 of Bihar
Prohibition and Excise Amendment Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 12 litres of liquor from a motorcycle. 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 vehicles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.90497 of 2025(2) dt.08-01-2026
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thus, would create evidence against himself and hence, would
get implicated. It is also submitted that petitioner was
completely unaware that Ajay 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 Court, Excise-2, Nawada in connection with Excise
(Pakribarao) P.S. Case No.176 of 2024, 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
Patna High Court CR. MISC. No.90497 of 2025(2) dt.08-01-2026
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would be presumed that petitioner for the purposes of 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 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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