Patna High Court

Ramesh ThakurversusThe State of Bihar

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

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Ramesh Thakur, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 486 litres of liquor from three motorcycles, one of which he owned. He was not arrested at the spot and claimed he had no knowledge of the misuse of his vehicle by another individual. The petitioner, who has a clean antecedent, sought anticipatory bail, arguing that ownership of the vehicle should not constitute evidence of guilt. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and a six‑week period for surrender, and ordered verification of the petitioner’s criminal antecedent before confirming the bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act and Section 482(2) of the BNSS
Whether ownership of a vehicle used in the alleged offence can be a ground to deny anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
clean antecedent
seizure of liquor
vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16030 of 2026
                   Arising Out of PS. Case No.-207 Year-2025 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Ramesh Thakur son of Satya Nr. Thakur @ Satyanarayan Thakur Resident of
                 Village- Bhatthi Sher, Police Station -Bennipatti District -Madhubani

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Md Soban Asghar
                 For the Opposite Party/s :         Mr.Ajay Kumar No. 2
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 486 litres of liquor from three different motorcycles.

                             4.     Learned counsel for the petitioner submits that the

                   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 motorcycles. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.16030 of 2026(2) dt.16-04-2026
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          thus would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that Rohit would misuse the vehicle in the manner as

          alleged, who was also apprehended from the spot along with

          Vishnu.

                   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 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 Benipatti Excise P.S. Case No. 207 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 anticipatory bail order shall not be
              Patna High Court CR. MISC. No.16030 of 2026(2) dt.16-04-2026
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                        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)
Sumit/-

U         T

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