Created by Fuzzy Cloud

Patna High Court

Arun Kumar Yadav @ Arun YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s antecedents.

Summary

Arun Kumar Yadav applied for anticipatory bail after a police seizure of 27 litres of liquor from a motorcycle he owned, alleging that the vehicle had been stolen prior to the incident and that he had no conscious possession of the liquor. He argued that he has a clean antecedent and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Patna High Court, 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 verification of his criminal antecedents and compliance with Section 482(2) of the Code of Criminal Procedure. The court ordered that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
  • Whether the circumstances of ownership of the seized vehicle and alleged theft justify denial of bail.
  • Whether provisional anticipatory bail pending verification of antecedents is appropriate under Section 482(2) of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • excise law
  • stolen vehicle
  • clean antecedent
  • provisional bail
  • verification of antecedents
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9897 of 2026
                       Arising Out of PS. Case No.-211 Year-2025 Thana- Excise P.S. District- Araria
                 ======================================================
                 Arun Kumar Yadav @ Arun Yadav S/o Raghunandan Yadav R/o vill- ward no
                 10, Gaj Bhang, PS- Simraha, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dheeraj Kumar, Advocate
                 For the Opposite Party/s :         Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 (Amendment) Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 27 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 vehicle. It is next submitted that the motorcycle was

                   stolen prior to the date of occurrence for which an FIR was

                   instituted being Bhargama P.S. Case No.294 of 2025. It is next
Patna High Court CR. MISC. No.9897 of 2026(2) dt.23-02-2026
                                            2/3




          submitted that it amply demonstrates that how police in

          mechanical manner implicates without holding a proper

          investigation.

                       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 learned District &

          Additional Sessions Judge-cum-Exclusive Special Excise

          Judge-II, Araria in connection with Araria Excise P.S. Case

          No.211 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 bond 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.9897 of 2026(2) dt.23-02-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.