Patna High Court
Bholu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Bholu Kumar, was implicated in a case involving the alleged recovery of 164.100 litres of liquor from a vehicle he owned, attracting charges under Sections 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He contended that he had no knowledge of the liquor being in the vehicle, that the driver acted without his consent, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The High 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. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision hinged on the principles of anticipatory bail under Section 482(2) of the CrPC and the petitioner’s lack of direct involvement in the alleged offence.
Issues considered
- Whether anticipatory bail should be granted to a vehicle owner accused of liquor seizure when he claims lack of knowledge and no direct possession.
- Whether ownership of the vehicle alone suffices to establish culpability under Sections 272, 273, 34 IPC and the Bihar Prohibition Act.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- vehicle ownership
- liquor seizure
- clean antecedent
- Section 272 IPC
- Section 273 IPC
- Section 34 IPC
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1232 of 2026
Arising Out of PS. Case No.-397 Year-2023 Thana- BISFI District- Madhubani
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Bholu Kumar S/O Jalim Sahani R/O Village - Ward No.- 4, Parsauni Tola,
P.O- Chaipura, P.S- Pupari, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha
For the Opposite Party/s : Mr. Ajay Kumar Jha
======================================================
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 offences punishable under Sections 272, 273
and 34 IPC & Section 30(a) of Bihar Prohibition and Excise
Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 164.100 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
Patna High Court CR. MISC. No.1232 of 2026(2) dt.21-01-2026
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would 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.
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 G.R.
No.1488/2023, arising out of Bisfi (Patauna) P.S. Case
No.397/2023, 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
Patna High Court CR. MISC. No.1232 of 2026(2) dt.21-01-2026
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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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