Created by Fuzzy Cloud

Patna High Court

Baiju Kumar @ Baiju ChaurasiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner's antecedent.

Summary

The petitioner, Baiju Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2012 for allegedly possessing 345.6 litres of liquor in a Bolero pick‑up. He argued that he had a clean antecedent, was not in actual possession at the time of seizure, and was unaware that another person, Lal Mohan, misused his vehicle. The State opposed his anticipatory bail. The Court, after 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 criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. given the alleged possession of liquor.
  • Whether ownership of the vehicle used for the alleged offence implicates the petitioner without proof of actual possession.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition Act
  • vehicle ownership
  • clean antecedent
  • bail bond
  • Cr.P.C. 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11625 of 2026
                      Arising Out of PS. Case No.-56 Year-2025 Thana- SUKHANI District- Kishanganj
                 ======================================================
                 Baiju Kumar @ Baiju Chaurasiya Son of Mahavir Chaurasiya R/o Village -
                 Bhandarisome, P.S. - Manigachi and Dist. - Darbhanga (Bihar).
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dilip Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2012.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 345.6 litres of liquor from a Bolero Pick-Up.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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,
Patna High Court CR. MISC. No.11625 of 2026(2) dt.15-04-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that Lal Mohan would misuse the vehicle

          in the manner as alleged who was also apprehended from the

          spot.

                       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 appearing on behalf of the petitioner, let 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 Special Case No.

          280 of 2025 arising out of Sukhani P.S. Case No. 56 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.11625 of 2026(2) dt.15-04-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

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

Sign in to read

Checking your session…

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