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Patna High Court

Shankar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed.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

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
                                                           3/3




                         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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