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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Pintu Kumar, applied for anticipatory bail in a case registered 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 in possession at the time. He argued that he was unaware of his friend’s misuse of the vehicle and that ownership alone should not constitute evidence against him. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The order also directed the trial court to verify the petitioner’s criminal antecedents and conditionally confirm the bail if only one prior case is found, otherwise the bail would not be confirmed. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether mere ownership of the vehicle used in the alleged offence justifies arrest and denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • Section 30(a)
  • Section 482 CrPC
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1423 of 2026
                   Arising Out of PS. Case No.-166 Year-2025 Thana- SIRISIYA District- West Champaran
                 ======================================================
                 Pintu Kumar Son of Bhola Mahto Resident of Village - Garbhua Lala Tola,
                 P.S.- Sirisiya, District - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the Opposite Party/s :        Mr. Kanhiya Kishor, 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 50 litres of liquor from a motorcycle

                   and 55 litrers of liquor from motorcycle of Chotu Sah. 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
Patna High Court CR. MISC. No.1423 of 2026(2) dt.21-01-2026
                                            2/3




          and thus, would create evidence against himself and hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend, who had taken the

          motorcycle along with Chotu Sah, would misuse the vehicle in

          the manner as alleged.

                       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 Special Judge

          (Excise)-1st, Bettiah, West Champaran in connection with

          Sirisiya P.S. 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 antecedents of more than one case,
               Patna High Court CR. MISC. No.1423 of 2026(2) dt.21-01-2026
                                                           3/3




                         then it 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 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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