Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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