Patna High Court
Gaurav Kumar @ Gaurab KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedents and bond conditions.
Summary
The petitioner, Gaurav Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 0.9 litres of liquor from a car he owned. He contended that he had a clean antecedent, was not in possession of the liquor, and was unaware that his driver had misused the vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, ordered 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 antecedents. If any prior case is discovered, the provisional bail will not be confirmed; if his antecedents are clean, the bail will be confirmed forthwith. The order was made under Section 482(2) of the relevant procedural law.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of ownership of the vehicle and alleged possession of liquor.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- clean antecedent
- ownership of vehicle
- Section 30(a)
- Bihar Prohibition Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12198 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Gaurav Kumar @ Gaurab Kumar Son of Dinesh Kumar R/o Village -
Kapasiya, Nagdah Ward No. 13 behind Alka Cinema, P.S. - Town, District -
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam
For the Opposite Party/s : Mr. Nitya Nand Tiwary
======================================================
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 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 0.9 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
Patna High Court CR. MISC. No.12198 of 2026(2) dt.26-02-2026
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create evidence against himself and hence would get implicated.
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 Town
(Nagar) P.S. Case No.33/2026, 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.12198 of 2026(2) dt.26-02-2026
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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/-
U T
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