Patna High Court
Pravesh Bhuian @ Pravesh BhuiyanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Pravesh Bhuian, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly recovering 24 litres of liquor from a motorcycle he owned. He argued that he had no knowledge of the liquor being in his vehicle, that the liquor was not in his conscious possession, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The Court considered the petitioner’s lack of direct possession, his clean antecedent, and the principle that a vehicle owner is not automatically culpable for offences committed by another. Accordingly, the Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedents. If any prior case is discovered, the bail will be revoked; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether ownership of the vehicle used in the alleged offence suffices to establish culpability.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.130 of 2026
Arising Out of PS. Case No.-1099 Year-2024 Thana- Excise P.S. District- Gaya
======================================================
Pravesh Bhuian @ Pravesh Bhuiyan Son of Jagalal Bhuian Resident of
Village- Kedli Khurd, Kedikala, Chatra, P.S.- Hunterganj, District- Chatra
(Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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 offence punishable under Sections 30(a) and
32 (3) 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 24 litres of liquor from a motorcycle. 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.130 of 2026(2) dt.13-01-2026
2/3
would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Gulshan would misuse his vehicle in
the manner as alleged who was also apprehended from the spot
along with Firangi.
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 Gaya
Excise P.S. Case No.1099/2024, 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.130 of 2026(2) dt.13-01-2026
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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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