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