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Patna High Court

Pritam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Pritam Kumar, applied for anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 108 litres of liquor from his motorcycle. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was implicated merely because he owned the vehicle, which was misused by another person. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes bail bonds and sureties, and that the trial court verifies his criminal antecedent. The order further stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle, without possession of the contraband, suffices for arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13641 of 2026
                    Arising Out of PS. Case No.-35 Year-2025 Thana- BALUA BAZAR District- Supaul
                 ======================================================
                 Pritam Kumar Son of Brahmanand Vishwas Resident of Village- Gidhwas
                 Aamaat Tola Kharahat ward no. 04, P.S.- Raniganj, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mukesh Kumar Rana
                 For the Opposite Party/s :      Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and allegation is of

                   recovery of 108 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.13641 of 2026(2) dt.12-03-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Neeraj would misuse the vehicle in the manner as alleged,

          who was also apprehneded from the spot.

                   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, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

          Five 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 Balua Bazar P.S. Case

          No. 35 of 2025, subject to the conditions as laid down under

          Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner has
              Patna High Court CR. MISC. No.13641 of 2026(2) dt.12-03-2026
                                                          3/3




                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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