Created by Fuzzy Cloud

Patna High Court

Bholu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.