Patna High Court

Ajay KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Ajay Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 160 litres of liquor from an auto he was driving. He argued he had a clean antecedent, was not the owner of the vehicle, and had no liquor in his conscious possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of the petitioner’s criminal antecedents and compliance with Section 482(2) of the B.N.S.S. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise Act, Section 30(a).
Whether the petitioner’s role as driver, lack of ownership, and clean antecedent justify granting anticipatory bail.
Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal antecedent
bail bond
driver
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15364 of 2026
                    Arising Out of PS. Case No.-111 Year-2024 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Ajay Kumar S/o Vijay Ram Resident of Village- Anaith, Police Station- Ara
                 Nawada, Distt.- Bhojpur
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Singh
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER
2   16-04-2026                  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 offence punishable under 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 160 litres of liquor from an auto.                     It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized auto and he came to be implicated on

                   the ground that he is driver of the auto. It is asserted and

                   submitted that petitioner has no concern or relation with auto

                   and based on suspicion, he came to be implicated, when

                   petitioner admittedly is a person with clean antecedent.

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

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.15364 of 2026(2) dt.16-04-2026
                                                       2/2




                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, 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 Ara Nawada P.S. Case No.111/2024, subject to

                     the conditions as laid down under Section 482(2) of the

                     B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     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)
amit/-
U      T

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