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Patna High Court

Pravesh Bhuian @ Pravesh BhuiyanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         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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