Patna High Court

Charnu MundaversusThe State of Bihar

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

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

Charnu Munda, owner of a pickup vehicle, was implicated in the recovery of 360 litres of liquor from his vehicle under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that he had no conscious possession of the liquor and that his son had misused the vehicle without his knowledge. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedents. If any antecedent is found, the bail may be withdrawn; otherwise it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the alleged recovery of liquor from his vehicle
Whether ownership of the vehicle alone suffices to implicate the petitioner under the Bihar Prohibition and Excise Act
Whether the trial court must verify the petitioner’s criminal antecedents before confirming the bail

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
bail conditions
possession
vehicle ownership
liquor seizure
Bihar Prohibition and Excise Act
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13382 of 2026
                     Arising Out of PS. Case No.-221 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Charnu Munda Son of Munshi Munda Resident Of Village - Bariatu, P.S. -
                 Gola, District - Ramgarh(Jharkhand).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Kumar Prasad
                 For the Opposite Party/s :      Mr. Ramchandra Sahni
                 ======================================================
                 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 Sections 30(a) and

                   41 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 360 litres of liquor from a pick up vehicle. 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

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.13382 of 2026(2) dt.10-03-2026
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          implicated and at the same time shall bring disrepute to his

          business. It is thus submitted that the petitioner was completely

          unaware that his son Gautam would misuse his vehicle in the

          manner as alleged, who was also apprehended from the spot

          along with Akash.

                       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 Govindpur P.S. Case No.221/2025, 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.13382 of 2026(2) dt.10-03-2026
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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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