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Patna High Court

Rajnish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedents, and stipulated that confirmation of bail depends on the outcome of that verification.

Summary

The petitioner, Rajnish Kumar, sought anticipatory bail after learning that he might be arrested in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for the alleged recovery of 80 litres of liquor from his Alto car. He argued that he had a clean antecedent, was not in possession of the liquor, and that the vehicle was misused by his driver who fled the scene. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed forthwith. The order was made under the inherent powers of the court as per Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioner’s lack of possession and alleged misuse of his vehicle by a driver justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent
  • high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17495 of 2026
                        Arising Out of PS. Case No.-137 Year-2019 Thana- NADI P.S. District- Patna
                 ======================================================
                 Rajnish Kumar S/o- Tirath Prasad Yadav Resident of Village- Naya Tola PS-
                 Bakhtiyarpur Dist-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar Tiwari
                 For the Opposite Party/s :        Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 80 litres of liquor from an Alto car. 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 would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.17495 of 2026(2) dt.19-03-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that his driver 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 Nadi P.S. Case No.137/2019, 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
             Patna High Court CR. MISC. No.17495 of 2026(2) dt.19-03-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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