Patna High Court
Congress DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s antecedents, with confirmation contingent on a clean record.
Summary
Congress Das, a resident of Dariyapur, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 75 litres of liquor recovered from a motorcycle. He argued that the vehicle was stolen, he had no prior criminal record, and the police had not conducted a proper investigation before implicating him as the owner. The State opposed the bail. Justice Satyavrat Verma granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail will not be confirmed; if his record is clean, the bail will be confirmed forthwith. The order is subject to the conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the ownership of the seized vehicle, alleged to be stolen, suffices to justify arrest.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition act
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1195 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
Congress Das Son of Ramju Das Resident of Village- Dariyapur, Ward No. 5,
P.S.- Barahiya, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Bilochan
For the Opposite Party/s : Mr. Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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
32 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 75 litres of liquor from a motorcycle. 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.1195 of 2026(2) dt.21-01-2026
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implicated. It is also submitted that the alleged motorcycle was
stolen prior to the occurrence for which an FIR was instituted as
would manifest from Annexure-2 to the anticipatory bail
application. It is further submitted that this amply demonstrates
that how police in mechanical manner implicates without
holding a proper investigation.
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 Teterhat
P.S. Case No.121/2025, 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
Patna High Court CR. MISC. No.1195 of 2026(2) dt.21-01-2026
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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
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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