Patna High Court
AKHALESH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, surety, and verification of his criminal antecedent.
Summary
The petitioner, Akhalesh Kumar, sought anticipatory bail after a seizure of 71.125 litres of liquor from a motorcycle he owned, alleging he had no knowledge of the contravention and possesses a clean criminal record. The State opposed the bail, contending the seizure fell under Section 30(a) of the Bihar Excise Act. The court examined whether ownership of the vehicle alone could constitute sufficient basis for arrest and whether anticipatory bail was appropriate under Section 482(2) of the CrPC. It held that, given the petitioner’s claim of non‑possession and lack of antecedent, provisional anticipatory bail could be granted subject to bond and surety conditions. The order further directed the trial court to verify the petitioner’s antecedent and confirm or cancel the bail accordingly.
Issues considered
- Whether the petitioner is liable to arrest under Section 30(a) of the Bihar Excise Act for liquor recovered from a vehicle he owned but did not possess at the time of seizure.
- Whether anticipatory bail can be granted in the present circumstances under Section 482(2) of the Criminal Procedure Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1587 of 2026
Arising Out of PS. Case No.-829 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
AKHALESH KUMAR S/o Munni Yadav R/o Vill- Merwa, P.S. - Fatehpur,
Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Kanhaiya Kishore, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 71.125 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.1587 of 2026(2) dt.21-01-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his nephew, Bodhi, would misuse the vehicle in the manner as
alleged
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, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
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 Excise
P.S. Case No. 829 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court 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 would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.1587 of 2026(2) dt.21-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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