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Patna High Court

Ghanshayam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The court clarified that if any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional order will be confirmed.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

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
                                            2/3




          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
                                                           3/3




                         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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