Patna High Court
Amod Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedent, under Section 482(2) of the BNSS.
Summary
Amod Kumar Sharma, the owner of a Maruti Baleno, was implicated in a case alleging the recovery of 79.98 litres of liquor from his vehicle, violating Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Excise Act. He was not arrested at the spot and no liquor was found in his immediate possession; the allegation rests solely on his ownership of the car, which he claims was misused by a friend. Sharma, who has a clean antecedent, applied for anticipatory bail, arguing that ownership alone should not create criminal liability. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, and directed the trial court to verify Sharma’s antecedent before confirming the bail. If any prior case is found, the provisional bail will be revoked; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS to a person implicated solely on the basis of vehicle ownership in alleged excise offences.
- Whether ownership of a vehicle used for illegal liquor transport suffices to establish participation in the offence.
- Whether the conditions imposed on provisional anticipatory bail, including verification of criminal antecedent, are appropriate.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19803 of 2026
Arising Out of PS. Case No.-611 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Amod Kumar Sharma S/O Kishuni Sharma Resident of Village- Behzadi, P.S-
Sahdei, District- Vaishali, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranjal Singh
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
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 offences punishable under Sections 30(a),
32(i)(iii) and 41(i)(ii) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 79.980 litres of liquor from a Maruti Baleno car.
4. Learned counsel for the petitioner submits that the
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.19803 of 2026(2) dt.26-03-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled 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, 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 Excise P.S. Case No. 611 of 2025, subject to the
conditions as laid down under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.19803 of 2026(2) dt.26-03-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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