Patna High Court
Ravi Shankar 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, Ravi Shankar Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of one litre of liquor from the jacket of an accused, with his motorcycle also seized. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that his vehicle would be misused by another individual. The State opposed his request for anticipatory bail. The court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedents. If a prior case is found, the bail will not be confirmed; if he is found clean, the bail will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- vehicle seizure
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19444 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
Ravi Shankar Kumar Son of Late Ram Lagan Pandit Resident of Village -
Ward No.- 2, Sakala Kopa, P.S.- Karakat, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1 litres of liquor from Jacket of the apprehended
accused and a motorcycle was seized. 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
Patna High Court CR. MISC. No.19444 of 2026(2) dt.26-03-2026
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create evidence against himself and hence would get implicated.
It is also submitted that the petitioner was completely unaware
that Rahul would misuse his vehicle in the manner as alleged
who was also apprehended from the spot along with Manjeet.
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 Bikramganj Excise P.S. Case No.16/2026,
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
Patna High Court CR. MISC. No.19444 of 2026(2) dt.26-03-2026
3/3
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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