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Patna High Court

Vikash Kumar @ Vikash YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of his antecedents.

Summary

Vikash Kumar, the owner of a vehicle from which 60 litres of liquor were seized, sought anticipatory bail, claiming he had no knowledge of the driver’s alleged misuse of the vehicle and possessed a clean criminal record. The State opposed the bail, arguing the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The court considered that the petitioner was not in actual possession of the liquor and that ownership alone does not imply culpability. Relying on the provisions of Section 482(2) of the B.N.S.S., the court granted provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle from which liquor was recovered makes the owner liable for the offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • Section 482(2) inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11354 of 2026
                     Arising Out of PS. Case No.-215 Year-2025 Thana- JAMHOR District- Aurangabad
                 ======================================================
                 Vikash Kumar @ Vikash Yadav S/o Yugesh Yadav R/o Village - Khapiya, P.S
                 - Kutumba, District - Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mukul Kumari
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap
                 ======================================================
                 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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 60 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.11354 of 2026(2) dt.24-02-2026
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          It is thus 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 Jamhore

          P.S. Case No.215/2025, 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.11354 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/-

U        T


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