Patna High Court

Kishori Prasad YadavversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that provisional anticipatory bail may be granted pending verification of the petitioner’s antecedent, with conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Kishori Prasad Yadav, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly transporting 69.120 litres of liquor in his Bolero vehicle. He argued that he had a clean antecedent, was not present at the spot of seizure, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail, contending that the vehicle’s ownership linked the petitioner to the offence. The Court granted provisional anticipatory bail, subject to a Rs. 500 bond and two sureties, and directed the trial court to verify the petitioner’s criminal antecedent. It further held that if any antecedent is discovered, the bail would be revoked, but if none is found, the provisional bail would be confirmed.

Issues considered

What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case of alleged excise law violation?
Whether ownership of a vehicle used in the alleged offence suffices to justify denial of anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
excise law
vehicle seizure
clean antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.968 of 2026
                     Arising Out of PS. Case No.-225 Year-2024 Thana- EXCISE ARERAJ District- East
                                                       Champaran
                 ======================================================
                 Kishori Prasad Yadav Son of Munshi Ray Resident of Village - Bishunpur
                 Basant, P.S. - Phenhara, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anand Mohan
                 For the Opposite Party/s :       Ms.Rita Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   27-04-2026               1.    Heard learned counsel for the petitioner through

                   virtual mode and learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 69.120 litres of liquor from a Bolero vehicle.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.968 of 2026(6) dt.27-04-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver would misuse the vehicle in the manner as

          alleged, who also fled from the spot.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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 Excise Areraj P.S. Case No. 225 of 2024

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          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

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.968 of 2026(6) dt.27-04-2026
                                                          3/3




                        confirmed, but after verification if 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)
Sumit/-

U         T

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