Patna High Court
Arun Kumar Yadav @ Arun YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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