Patna High Court
Ajeet Kumar @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Ajeet Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged possession of 3 litres of liquor recovered from his motorcycle. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and he was unaware of his brother's alleged misuse of the vehicle. The State opposed the bail. The Court, considering the petitioner's clean antecedent and the circumstances of the alleged offence, granted provisional anticipatory bail subject to a Rs.500 bail bond, two sureties, and verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed. The decision hinged on the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Substances (B.N.S.S.) Act.
Issues considered
- What is the applicability of anticipatory bail under Section 438 Cr.P.C. to the petitioner in the context of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018?
- Whether the petitioner’s clean antecedent and lack of immediate possession of the alleged contraband justify the grant of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18894 of 2026
Arising Out of PS. Case No.-194 Year-2024 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Ajeet Kumar @ Ajit Kumar S/o Polo Mandal R/o Village - Madheli Diyara,
Ward No.11, P.S - Alamnagar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. (Mr.) Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 03 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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
Patna High Court CR. MISC. No.18894 of 2026(2) dt.26-03-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that his brother, namely, Amar Kumar
would misuse the vehicle in the manner as alleged who was also
apprehended from the spot.
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, let 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 Udakishunganj Excise P.S. Case No. 194 of
2024, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.18894 of 2026(2) dt.26-03-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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