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Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Kaushal Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that liquor was recovered from motorcycles he owned but he was not present at the seizure. He contended that he had no knowledge of the misuse of his vehicle and that ownership alone should not implicate him. The State opposed the bail, arguing the seriousness of the offence. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and verification of the petitioner’s criminal antecedents. The court stipulated that if more than one prior case is found, the bail would not be confirmed; if only one antecedent exists, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is merely the owner of a vehicle used in the alleged offence and was not present at the scene
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
  • Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise Act, 2022, justify arrest without possession

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1400 of 2026
                        Arising Out of PS. Case No.-253 Year-2024 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Kaushal Kumar Son of Ramrekha Ray R/O Vill.- Ijrahiya, P.S.- Riga, District-
                 Sitamrhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Madhubala Verma, Advocate
                 For the Opposite Party/s :        Mr. Ram Bilash Roy Raman, 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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 140.4 of liquor from four

                   motorcycles. 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

                   committing an occurrence and thus, would create evidence
Patna High Court CR. MISC. No.1400 of 2026(2) dt.21-01-2026
                                            2/3




          against himself and hence, would get implicated. It is also

          submitted that petitioner was completely unaware that Anil

          Kumar would misuse the vehicle in the manner as alleged, who

          was also apprehended from the spot along with Prince 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.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Judge-I, Excise Act, Sitamarhi in connection with Suppi

          P.S. Case No.253 of 2024, 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 antecedents of more than one case,

          then it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.1400 of 2026(2) dt.21-01-2026
                                                           3/3




                         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 antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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