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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Ownership of the vehicle without proof of possession or prior criminal antecedent does not preclude the grant of anticipatory bail.

Summary

The petitioner, Rohit Kumar, sought anticipatory bail after a seizure of 34.5 litres of liquor from a motorcycle he owned, alleging he had no knowledge of the contravention and a clean criminal record. The State opposed the bail, arguing the seizure implicated him under Section 30(a) of the Bihar Excise Act. The court noted that the petitioner was not caught in possession and the vehicle’s ownership alone did not constitute sufficient evidence of guilt. It granted provisional anticipatory bail conditioned on a modest bond and sureties, subject to verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether the ownership of a vehicle from which liquor was seized is sufficient grounds to deny anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12122 of 2026
                    Arising Out of PS. Case No.-320 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Rohit Kumar S/o Brij Kishor Chaudhary Resident of Village - Sarangpur,
                 P.S.- Ara Muffasil, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 34.5 liters of liquor from a motorcycle.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.12122 of 2026(2) dt.26-02-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his brother, Dev, would misuse the vehicle in the manner as

          alleged who also fled from the spot along with Ranjit.

                       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 for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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 Ara

          Muffasil P.S. Case No. 320 of 2025 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

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

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.12122 of 2026(2) dt.26-02-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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