Patna High Court
Rituraj SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of antecedents.
Summary
The petitioner, Rituraj Singh, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was seized from two individuals and from a Brezza car he owned. He argued that he had no conscious possession of the liquor and was unaware that his vehicle was being misused by others. The State opposed his request for anticipatory bail. The High Court, after considering the petitioner's clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a modest bond, two sureties and verification of his criminal record under Section 482(2) of the B.N.S.S. The order directs that if any antecedent is discovered, the bail will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without proof of conscious possession
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19415 of 2026
Arising Out of PS. Case No.-303 Year-2024 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Rituraj Singh S/O Late Bhupnarayan Singh Resident of Village- Khiriya, P.O-
Mahauwa Bujurg, P.S.- Turkpatti, District -Kushinagar, Uttar Pradesh.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar Singh
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
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
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 31 litres of liquor from possession of Manju, 18
litres of liquor from possession of Santosh and 324 litres of
liquor from a Brezza 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
Patna High Court CR. MISC. No.19415 of 2026(2) dt.26-03-2026
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committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that
Santosh would misuse his vehicle in the manner as alleged who
was also apprehended from the spot along with Manju.
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.303/2024, 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
Patna High Court CR. MISC. No.19415 of 2026(2) dt.26-03-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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