Krishna Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76362 of 2025 Arising Out of PS. Case No.-68 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Krishna Kumar Yadav S/O Mahesh Kumar Yadav Resident of villageShahpur, P.S- Sahpur, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025 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 the Bihar Prohibition & Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 10.5 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 motorcycle. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.76362 of 2025(2) dt.19-11-2025 2/3 implicated. It is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged.
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-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Special Judge, Court No.2, Buxar in connection with Brahampur P.S. Case No.68 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
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,
Patna High Court CR. MISC. No.76362 of 2025(2) dt.19-11-2025 3/3 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