Created by Fuzzy Cloud

Patna High Court

Anup Kumar PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail subject to verification of his criminal antecedents and compliance with the conditions imposed under Section 482(2).

Summary

The petitioner, Anup Kumar Patel, was implicated in a case alleging recovery of 297 litres of liquor from his vehicle, violating Sections 30(a) and 45 of the Bihar Prohibition and Excise Amendment Act, 2018. He argued that he had no prior criminal record, was unaware of his driver’s alleged misuse of the vehicle, and that ownership alone should not constitute culpability. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under the inherent powers of the High Court pursuant to Section 482(2).

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence is based solely on ownership of the vehicle containing illicit liquor
  • Whether the petitioner’s lack of prior criminal antecedent justifies the grant of anticipatory bail
  • Whether the High Court may impose conditions and a verification mechanism under Section 482(2) of the CrPC

Legislation cited

Subjects

  • anticipatory bail
  • vehicle ownership
  • liquor seizure
  • criminal antecedent
  • Section 30
  • Section 45
  • Section 482
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10849 of 2026
                       Arising Out of PS. Case No.-183 Year-2025 Thana- SRIPUR District- Gopalganj
                 ======================================================
                 Anup Kumar Patel Son of Dharamnath Patel Resident of Village- Bhigari
                 Bazar, P.S.- Dewariya, District- Dewariya, Uttar Pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar Singh
                 For the Opposite Party/s :        Ms. Renu Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  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 Sections 30(a) and

                   45 of Bihar Prohibition and 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 297 litres of liquor from a car. 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 implicated.
Patna High Court CR. MISC. No.10849 of 2026(2) dt.24-02-2026
                                            2/3




          It is also submitted that the petitioner was completely unaware

          that his driver 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 Sripur

          P.S. Case No.183/2025, 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.10849 of 2026(2) dt.24-02-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.