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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of his antecedent.

Summary

The petitioner, Ravi Kumar, was implicated in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of liquor from two motorcycles he owned. He argued that the liquor was not in his conscious possession and that he was unaware of its misuse by another person. The State opposed his prayer for anticipatory bail. The Court, after considering the petitioner's clean antecedent and the fact that he was not in actual possession of the liquor, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The decision was based on the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the ownership of the vehicle, without conscious possession of the liquor, suffices to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14505 of 2026
                        Arising Out of PS. Case No.-93 Year-2025 Thana- Bodhibigaha District- Gaya
                 ======================================================
                 Ravi Kumar Son of Nandlal Prasad Resident of Village- Chhotka Kewla, PS-
                 Dumaria, Dist- Gaya
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 offences punishable under Sections 30(a) and

                   37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 650 ml. of liquor from a motorcycle and 2 litres of

                   liquor from another motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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 committing an
Patna High Court CR. MISC. No.14505 of 2026(2) dt.13-03-2026
                                            2/3




          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that petitioner

          was completely unaware that Anil would misuse the vehicle in

          the manner as alleged who was also apprehended from the spot

          along with Pappu and Suresh.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let 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 Bodhi Bigha P.S. Case No. 93 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.14505 of 2026(2) dt.13-03-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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