Patna High Court

Shiv KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.

Summary

Shiv Kumar, the owner of a vehicle from which 1320 litres of liquor was recovered, applied for anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He argued that he had a clean antecedent, was not present at the spot of seizure, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and verification of his criminal antecedents. The order stipulated that if any prior case is found, the bail would be withdrawn; otherwise, it would be confirmed. The application was allowed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2022.
Whether ownership of the vehicle used in the alleged offence implicates the petitioner.
Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
vehicle ownership
clean antecedent
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13742 of 2026
                    Arising Out of PS. Case No.-1301 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Shiv Kumar Son of Arjun Chaudhary Resident of village- Newalchak P S-
                 Maskorem District -Nawada AT Present Resident of Bhusunda Balapar, Ps-
                 Muffasil, Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :      Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1320 litres of liquor from a Toto 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,
Patna High Court CR. MISC. No.13742 of 2026(2) dt.12-03-2026
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          would create evidence against himself and hence, would get

          implicated. It is also submitted that petitioner was completely

          unaware that his driver would misuse the vehicle in the manner

          as alleged, who also fled from the spot.

                       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 Exclusive Special

          Excise Judge, Court No.-1, Gaya Jee in connection with

          Muffasil P.S. Case No.1301 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.13742 of 2026(2) dt.12-03-2026
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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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