Patna High Court
Mausam AnandversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedents.
Summary
Mausam Anand, the owner of a pickup vehicle, was implicated in the recovery of 392.4 litres of liquor from his vehicle under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He claimed he had no knowledge of the liquor being transported, that his friend Indradeo misused the vehicle, and that he has a clean criminal record. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify his antecedents. If any prior case is found, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged liquor seizure and ownership of the vehicle
- Whether the petitioner’s claim of lack of knowledge and clean antecedent justifies the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14047 of 2026
Arising Out of PS. Case No.-750 Year-2025 Thana- Excise P.S. District- Bhagalpur
======================================================
Mausam Anand S/o- Rajendar Prasad Singh @ Rajendra Prasad Singh Vill-
Parmanandpur, Shambhuganj PS-Sambhuganj District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a) and
47 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 392.400 litres of liquor from a pick up 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 get
Patna High Court CR. MISC. No.14047 of 2026(2) dt.12-03-2026
2/3
implicated and at the same time, shall bring disrepute to his
business. It is also submitted that the petitioner was completely
unaware that his friend Indradeo would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Sanjeev.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Excise (Sadar) P.S. Case No.750/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.14047 of 2026(2) dt.12-03-2026
3/3
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)
amit/-
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