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Patna High Court

Ashok Rai @ Ashok Kumar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

Ashok Rai, the owner of a pickup vehicle, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1,058.73 litres of liquor were recovered from his vehicle. He argued that he had no knowledge of the liquor being transported, that the driver and attendant misused his vehicle, and that he had a clean criminal record. The State opposed his request for anticipatory bail. The Court considered the petitioner’s lack of direct possession, his clean antecedents, and the principle that ownership of a vehicle does not automatically imply culpability. It granted provisional anticipatory bail, subject to a modest bond, two sureties, and verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case of alleged liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether ownership of the vehicle used for alleged contravention is sufficient grounds for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • Section 30
  • Section 482
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1035 of 2026
                   Arising Out of PS. Case No.-210 Year-2025 Thana- SINGHWARA District- Darbhanga
                 ======================================================
                 Ashok Rai @ Ashok Kumar Rai Son of Ramavtar Rai Resident of village -
                 Salempur, P.S.- Tariyani, District - Sheohar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Madhumala Kumari
                 For the Opposite Party/s :      Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The 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 1058.73 litres of liquor from a pick up vehicle. 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 no prudent person

                   would use his own vehicle for committing an occurrence and

                   thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.1035 of 2026(2) dt.20-01-2026
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          implicated. It is thus submitted that the petitioner was

          completely unaware that his driver and khalasi would misuse his

          vehicle in the manner as alleged, who also fled from the spot.

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

          anticipatory bail of the petitioner.

                       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 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

          Singhwara P.S. Case No.210/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.1035 of 2026(2) dt.20-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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