Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 9 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rakesh Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 after 1,093.875 litres of liquor were recovered from a truck and a motorcycle seized, which he owned. He argued that he had no prior criminal record, was not present at the seizure, and was unaware that his friend misused his vehicle. The State opposed his request for anticipatory bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, and directed the trial court to verify his antecedents. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Whether ownership of the seized vehicle alone suffices to justify denial of bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
liquor seizure
vehicle ownership
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12382 of 2026
                          Arising Out of PS. Case No.-413 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Rakesh Kumar Son of Vikash Singh Resident of Village- Riula, P.S.- Atri,
                 District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026                  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, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1093.875 litres of liquor from a truck and a

                   motorcycle was seized. 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
Patna High Court CR. MISC. No.12382 of 2026(2) dt.09-03-2026
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          committing an occurrence and thus would create evidence

          against himself and hence would get implicated. It is thus

          submitted that the petitioner was completely unaware that his

          friend 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 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 Atri P.S. Case No.413/2025, 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.12382 of 2026(2) dt.09-03-2026
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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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