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Patna High Court

Ram Niwash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
               Patna High Court CR. MISC. No.14411 of 2026(2) dt.13-03-2026
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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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