Patna High Court
Rajeev Kumar @ Rajeev Sah @ Rajiv Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Rajeev Kumar, feared arrest in a case registered under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Excise Act for the alleged recovery of 90 litres of liquor from his motorcycle. He argued that he has a clean antecedent, was not in possession of the liquor at the time of seizure, and was merely the owner of the vehicle used by another person, Raju Kumar, without his knowledge. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision rests on the High Court’s inherent powers under Section 482(2) of the BNSS and the principle that mere ownership of a vehicle does not automatically render a person culpable.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged liquor seizure and ownership of the vehicle.
- Whether the petitioner’s clean antecedent and lack of conscious possession of the liquor justify granting anticipatory bail.
- Whether the High Court’s inherent powers under Section 482(2) can be invoked to conditionally grant anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- ownership of vehicle
- liquor seizure
- clean antecedent
- Section 272 IPC
- Section 273 IPC
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10776 of 2026
Arising Out of PS. Case No.-52 Year-2021 Thana- DEODHA District- Madhubani
======================================================
Rajeev Kumar @ Rajeev Sah @ Rajiv Kumar Sah S/o- Late Kishori Sah R/v-
Jaynagar Near Po Ps- Jaynagar Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Archna Aanand, Adv
Mr. Bhavesh Kumar Sah, Adv
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 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 offences punishable under Sections 272 and
273 of the IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 90 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Raju Kumar would misuse the vehicle in the manner as
alleged.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Deodha P.S. Case No. 52 of 2021, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
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
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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