Patna High Court
Anup Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 45
- Criminal Procedure Code — s. 482(2)
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
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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
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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