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Patna High Court

Gaurav Kumar @ Gaurab KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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