Patna High Court

Rupesh YadavversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The anticipatory bail application is allowed, granting provisional bail subject to verification of the petitioner’s antecedent and conditions under Section 482(2) of the B.N.S.S.

Summary

Petitioner Rupesh Yadav sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 81 litres of liquor from an auto and a motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, no liquor was found in his conscious possession, and he is not the owner of the vehicles involved. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order is conditional on verification of his criminal antecedent; if any prior case is found, the bail may be revoked, otherwise it will be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Whether the petitioner’s lack of possession and ownership of the seized vehicles justifies bail
Whether the petitioner’s clean antecedent, if verified, warrants confirmation of provisional bail

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
bail conditions
Section 482(2)
criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91103 of 2025
                  Arising Out of PS. Case No.-2116 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Rupesh Yadav S/O Lal Bihari Rai Resident of Village - Bairiya, Police Station
                 - Muffasil, District- East Champaran

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 81 litres of liquor from an auto and a motorcycle. It

                   is next submitted that petitioner was not arrested from the spot,

                   as such, nothing was recovered from his conscious possession

                   and is not the owner of either the seized auto and the motorcycle

                   and he came to be implicated at the instance of local person but

                   the name of the person who disclosed the name of the petitioner

                   is not disclosed in the FIR which casts an aspersion on the case
Patna High Court CR. MISC. No.91103 of 2025(2) dt.12-01-2026
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          of the prosecution.

                        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.-2, East Champaran, Motihari in

          connection with Excise P.S. Case No.2116 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

          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
               Patna High Court CR. MISC. No.91103 of 2025(2) dt.12-01-2026
                                                           3/3




                         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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