Patna High Court
Ghanshayam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.
Summary
Ghanshayam Kumar, the owner of a Bolero vehicle, was implicated in a case alleging the recovery of 862.92 litres of liquor from his vehicle under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that a third‑party, Ashok Kumar, misused his vehicle. The State opposed his anticipatory bail application, arguing that ownership linked him to the offence. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail‑bond of Rs.500 with two sureties and the condition that the trial court verify his criminal antecedents. The court clarified that if any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional order will be confirmed. The application was therefore allowed, providing the petitioner temporary protection from arrest.
Issues considered
- Whether a vehicle owner can be granted anticipatory bail when liquor is seized from his vehicle without his personal possession.
- Whether ownership of the vehicle alone suffices to attract liability under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- What conditions must be satisfied for the confirmation or revocation of anticipatory bail in such circumstances.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership liability
- liquor seizure
- criminal antecedent verification
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13776 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
Ghanshayam Kumar S/o- Kailash Singh R/v- Ujiyarpur Ps- Ujiyarpur Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, 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 offences punishable under Sections 30(a) and 32(3) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 862.92 litres of liquor from a Bolero 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, would create evidence against himself and hence, would
Patna High Court CR. MISC. No.13776 of 2026(2) dt.12-03-2026
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get implicated. It is also submitted that petitioner was
completely unaware that Ashok Kumar would misuse the
vehicle in the manner as alleged, who was also apprehended
from the spot along with Suraj 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 Exclusive Special
Judge-II, Kishanganj in connection with Utpad Thana P.S. Case
No.158 of 2025, giving rise to Special Case No.166 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
Patna High Court CR. MISC. No.13776 of 2026(2) dt.12-03-2026
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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 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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