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Patna High Court

Diwakar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.1362 of 2026(2) dt.21-01-2026
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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
               Patna High Court CR. MISC. No.1362 of 2026(2) dt.21-01-2026
                                                           3/3




                         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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