Patna High Court
Ashok Rai @ Ashok Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
2/3
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/-
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