Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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