Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions, pending verification of the petitioner’s antecedent.
Summary
Arvind Kumar, the petitioner, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 144 litres of liquor from two motorcycles. He argued that he had a clean antecedent, was not in conscious possession of the liquor, and was implicated merely because he owned one of the vehicles used by a friend who fled the scene. The State opposed the bail, contending that ownership of the vehicle could justify arrest. The Court, considering the petitioner's clean record and lack of direct involvement, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedent within six weeks. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean verification would lead to immediate confirmation.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person alleged to be involved in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether mere ownership of a vehicle used in the alleged liquor seizure is sufficient ground for arrest and denial of bail.
- Whether the petitioner’s clean criminal antecedent and lack of conscious possession justify the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- ownership of vehicle
- clean antecedent
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1938 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Arvind Kumar S/O Gopal Prasad Yadav @ Gopal Ray R/O Village - Pipra
Patti, P.S- Dhaka, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate
Mr. Arvind Kumar, Advocate
Ms. Tripti Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 144 litres of liquor from two different motorcycles.
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 one of the seized vehicles. It is next submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.1938 of 2026(2) dt.27-01-2026
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occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that petitioner
was completely unaware that his friend would misuse the
vehicle in the manner as alleged who also fled away 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 before the learned trial court
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 Excise
P.S. Case No. 497 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
7. 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 application in
Patna High Court CR. MISC. No.1938 of 2026(2) dt.27-01-2026
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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.
8. Learned counsel for the petitioner, at this stage,
undertakes to deposit an amount of Rs.2,500/- with the
Advocate Association of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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