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Patna High Court

Rajnish @ Nisha Ray @ Rajnish Kumar @ NishaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s clean antecedent, despite the vehicle ownership link to the alleged offence.

Summary

The petitioner, Rajnish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where liquor was allegedly recovered from a vehicle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware of his friend's misuse of the vehicle. The State opposed the bail, contending the petitioner’s ownership linked him to the offence. The court granted provisional anticipatory bail, subject to a modest bond and two sureties, and directed the trial court to verify the petitioner’s antecedents. It further stipulated that if any prior case is discovered, the bail would not be confirmed, but if the petitioner is found clean, the bail would be confirmed immediately.

Issues considered

  • What is the applicability of anticipatory bail under Section 482(2) of the B.N.S.S. in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act?
  • Whether ownership of a vehicle used in the alleged offence can alone constitute sufficient grounds to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership
  • seizure of liquor
  • Section 482(2) of B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16480 of 2026
                       Arising Out of PS. Case No.-17 Year-2026 Thana- DIGHWARA District- Saran
                 ======================================================
                 Rajnish @ Nisha Ray @ Rajnish Kumar @ Nisha S/o- Late Banarasi Ray
                 R/v- Raipatti Mirpur Bhual Ps- Dighwara Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh No. I
                 For the Opposite Party/s :       Mr. Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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 3 litres of liquor from possession of Sunita, 2 litres

                   of liquor from a bottle from where co-accused were

                   apprehended and 32 litres of liquor from a motorcycle. It is

                   next submitted that 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

                   the seized vehicle. It is next submitted that no prudent person
Patna High Court CR. MISC. No.16480 of 2026(3) dt.06-04-2026
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          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

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

          anticipatory bail of the petitioner.

                       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 Dighwara P.S. Case No.17/2026, 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
             Patna High Court CR. MISC. No.16480 of 2026(3) dt.06-04-2026
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                       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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