Patna High Court
Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.
Summary
Uttam Kumar, the owner of a motorcycle, was implicated in a case (PS Case No. 489/2025) for allegedly transporting 32 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He applied for anticipatory bail, arguing that he had a clean record, was not in possession of the liquor at the time of seizure, and was unaware that another person, Baliram, misused his vehicle. 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 conditioned it on verification of the petitioner’s criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged possession of liquor.
- Whether ownership of the vehicle alone suffices to establish culpability under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s clean antecedent record warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor prohibition
- vehicle ownership
- Section 30(a)
- Criminal Procedure Code
- provisional bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18381 of 2026
Arising Out of PS. Case No.-489 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Uttam Kumar Son of Shambhu Prasad Resident of Village- Basdila Khap,
P.S.- Gopalganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
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 is a person with clean antecedent and allegation is of
recovery of 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 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.18381 of 2026(2) dt.25-03-2026
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implicated. It is also submitted that the petitioner was
completely unaware that Baliram would misuse his vehicle in
the manner as alleged who was also apprehended 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 Kuchaikote P.S. Case No.489/2025, 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 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.18381 of 2026(2) dt.25-03-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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