Patna High Court
Diwakar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of antecedents and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner Diwakar Kumar applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that liquor was seized from a garage where his motorcycle was being repaired and that he was implicated solely because he owned the vehicle. The petitioner argued that no liquor was found in his possession and that the police had not conducted a proper investigation. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and verification of his criminal antecedents. The order stipulated that if more than three antecedent cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether mere ownership of a vehicle found at the scene justifies arrest without recovery of contraband from the accused.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- criminal antecedent
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1362 of 2026
Arising Out of PS. Case No.-482 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Diwakar Kumar S/O Murali Singh R/O Village- New Diliya, Ward No. 21,
P.S- Dehri (T), Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases out of which one case
is under the Excise Act and allegation is of recovery of 716.5
litres of liquor from the garage of Neeraj Vishwakarma along
with two vehicles. 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 one of the seized motorcycles. It is next
submitted that no prudent person would use his own vehicle for
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committing an occurrence and thus, would create evidence
against himself and hence, would get implicated. It is also
submitted that petitioner had given his motorcycle for repairing
when the alleged liquor was recovered from the garage and the
police in mechanical manner implicated the petitioner without
holding a proper investigation.
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.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Excise Judge, Court No.-1, Rohtas at Sasaram in
connection with Dehri Nagar P.S. Case No.482 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
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found that petitioner has antecedents of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining 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 has antecedents of only three cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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