Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his antecedent.
Summary
Amresh Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 35 litres of liquor from a motorcycle. He contended that he had a clean antecedent, was not the owner of the vehicle, and was falsely implicated by the chawkidar. The petitioner applied for anticipatory bail, arguing that he was not in conscious possession at the time of seizure. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.1,000 and two sureties, with verification of the petitioner’s antecedent to be conducted by the trial court. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, and it stipulated that the bail would be confirmed if the petitioner’s clean antecedent is verified.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the alleged offence?
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13128 of 2026
Arising Out of PS. Case No.-837 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Amresh Kumar Son of Vinay Kumar Sahni @ Vinay Sahni Resident of
village- Jarangi Jarang Rampur, P.S- Vaishali, (Balsar OP) Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, A.P.P.
======================================================
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 the
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 35 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated at the instance of the Chawkidar but then it is
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
Patna High Court CR. MISC. No.13128 of 2026(2) dt.10-03-2026
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the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution. It is next submitted
that it appears that the Chawkidar, in order to save the real
culprits, falsely implicated the petitioner, when petitioner
admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let 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.1,000/- (Rupees One Thousand)
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 Vaishali (Belsar O.P.) P.S. Case No.
837 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
Patna High Court CR. MISC. No.13128 of 2026(2) dt.10-03-2026
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that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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