Patna High Court

Lal Babu RaiversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

Lal Babu Rai, the owner of a Swift car, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 297 litres of liquor were recovered from the vehicle. He argued that he had no knowledge of the liquor being in his car and that the liquor was not found in his personal possession, emphasizing his clean criminal record. The State opposed his request for anticipatory bail. The Court, after considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case of alleged possession of liquor in a vehicle he owns but did not have conscious possession of.
Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of anticipatory bail under Section 482(2) of the B.N.S.S.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
bail conditions
possession
liquor seizure
Bihar Prohibition and Excise Act
vehicle owner liability
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12401 of 2026
                     Arising Out of PS. Case No.-47 Year-2025 Thana- DARBHANGA SADAR District-
                                                        Darbhanga
                 ======================================================
                 Lal Babu Rai Son of Uday Rai Resident of Village- Siswara Bazar, P.S.-
                 Phulparas, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ratnakar Jha
                 For the Opposite Party/s :      Mr. Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 297 litres of liquor from a swift 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.12401 of 2026(2) dt.10-03-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is thus submitted that the petitioner was

          completely unaware that Kamod would misuse his vehicle in the

          manner as alleged, who was also apprehended from the spot

          along with Md. Irshad.

                       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 Darbhanga Sadar P.S. Case No.47/2025, 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
             Patna High Court CR. MISC. No.12401 of 2026(2) dt.10-03-2026
                                                         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

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