Patna High Court

Prem Prakash KumarversusThe State of Bihar

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

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond and verification of antecedent.

Summary

Prem Prakash Kumar was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly transporting 500 ml of liquor in a motorcycle he owned. He argued that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that another person would misuse his vehicle. The State opposed his anticipatory bail application. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of his criminal antecedent. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession through ownership of the vehicle.
Whether the petitioner’s lack of actual possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise law
possession
vehicle ownership
criminal antecedent
provisional bail
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13513 of 2026
                 Arising Out of PS. Case No.-364 Year-2025 Thana- Daudnagar Excise District- Aurangabad
                 ======================================================
                 Prem Prakash Kumar S/o Suresh Yadav R/o Village - Jakariya, P.S - Kasma,
                 District - Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukul Kumari, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences 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 500 ml. 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,

                   would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.13513 of 2026(2) dt.10-03-2026
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          implicated. It is also submitted that petitioner was completely

          unaware that Prabhat Ranjan Kumar would misuse the vehicle

          in the manner as alleged, who was also apprehended from the

          spot along with Randhir Kumar.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Court of Special

          Judge, Excise-II, Aurangabad in connection with Daudnagar

          Excise P.S. Case No.364 of 2025, subject to the conditions laid

          down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.13513 of 2026(2) dt.10-03-2026
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                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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)

Sanjay/-

U          T

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