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Patna High Court

Narayan MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Narayan Mishra, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 8.280 litres of liquor recovered from a scooty he owned. He argued that he was not present at the spot, the liquor was not in his conscious possession, and he was unaware that a friend had misused his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The trial court was directed to verify the petitioner’s criminal antecedents and confirm the bail if he has no more than two prior cases, otherwise the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of the offence justify anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC (referred to as B.N.S.S.) are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • criminal antecedents
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10919 of 2026
                  Arising Out of PS. Case No.-675 Year-2025 Thana- Excise P.S. District- West Champaran
                 ======================================================
                 Narayan Mishra S/O Late Nagendra Mishra R/O Vill.- Sagar Pokhra, Ujjain
                 Tola, Ward no.33, P.S.- Bettiah Town, Dist.- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharad Kumar Verma
                 For the Opposite Party/s :        Mr. Md. Shakir Ahmad
                 ======================================================
                 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 Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 8.280 litres of liquor from a scooty. 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.10919 of 2026(2) dt.24-02-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend 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.10,000/- (Rupees ten thousand) 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 Bettiah

          Excise P.S. FIR No.675/2025, 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 more than

          two cases, 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 has antecedent of two
             Patna High Court CR. MISC. No.10919 of 2026(2) dt.24-02-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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