Patna High Court
Bashishtha MuniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedents.
Summary
The petitioner, Bashishtha Muni, was implicated in a case (PS Kankarbagh Case No.1074/2025) for alleged recovery of 88 litres of liquor from an auto, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not in possession of the liquor, that the vehicle from which the liquor was seized belonged to him but was misused by a third‑person, and that he has a clean criminal antecedent. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail would not be confirmed; if the petitioner is found to have a clean record, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest or denial of bail.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11798 of 2026
Arising Out of PS. Case No.-1074 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Bashishtha Muni Son of Anil Ram R/O- East Ashok Nagar, Road 14 A, P.S.-
Kankarbagh, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh
For the Opposite Party/s : Mr. Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 88 litres of liquor from an auto. 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.11798 of 2026(2) dt.23-02-2026
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It is also submitted that the petitioner was completely unaware
that Chandan would misuse his vehicle in the manner as alleged,
who was also apprehended from the spot along with other
named accused persons.
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
Kankarbagh P.S. Case No.1074/2025, 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
Patna High Court CR. MISC. No.11798 of 2026(2) dt.23-02-2026
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on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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