Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedents.
Summary
The petitioner, Deepak Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly having 1 litre of liquor recovered from his motorcycle. He argued that he was not present at the spot of recovery, that the liquor was not in his conscious possession, and that his friend, who fled, had misused the vehicle without his knowledge. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 and two sureties of the same amount, subject to verification of his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation. The decision was based on the discretion granted under Section 482(2) of the B.N.S.S. and the principle that ownership of a vehicle alone does not establish culpability.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether mere ownership of the vehicle from which liquor was recovered suffices to establish participation in the offence.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. justify the grant of provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- criminal antecedents
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18356 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Deepak Kumar Son of Nagendra Yadav Resident Of Village- Agini, Police
Station -Daudnagar, District -Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Chandra Bhaskar
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 1 litre 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 would
use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.18356 of 2026(2) dt.25-03-2026
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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.5000/- (Rupees five thousand) 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 Daudnagar Excise P.S. Case No.262/2025,
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 more than
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 has antecedent of one
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case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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