Patna High Court
Ram Niwash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to a bail bond, sureties, and verification of his criminal antecedent.
Summary
Ram Niwash Kumar, the petitioner, feared arrest in a case under Sections 274 and 275 of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly being the owner of a motorcycle from which 126 litres of liquor were recovered. He argued that he had a clean antecedent, was not present at the spot of seizure, and had no liquor in his conscious possession, the vehicle being misused by a friend who fled. The State opposed the anticipatory bail application. The High Court, after considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, and verification of his antecedent by the trial court. The order stipulated that if any prior case is found, the bail would be revoked; otherwise, it would be confirmed. The application was allowed, granting the petitioner provisional anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle from which liquor was seized
- Whether the lack of direct possession and clean antecedent justify granting anticipatory bail
Legislation cited
- B.N.S., 2023 — s. 274, 275
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- vehicle ownership
- liquor seizure
- criminal antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14411 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Ram Niwash Kumar Son of Birendra Kumar Resident of Village- Dudhaila,
Ward No. 13, P.S.- Andhramath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 274 and 275 of
B.N.S., 2023 as well as Section 30(a) 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 126 litres of liquor from three different 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 vehicles. It is next submitted
that no prudent person would use his own vehicle for
Patna High Court CR. MISC. No.14411 of 2026(2) dt.13-03-2026
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committing an occurrence and thus, would create evidence
against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that his friend
would misuse the vehicle in the manner as alleged, who also
fled from the spot.
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.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise Act, Jhanjharpur, District Madhubani in connection with
Andhramath P.S. Case No.172 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 antecedent of even one case, then it
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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