Patna High Court
Akash PalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and lack of direct possession of the seized liquor, provisional anticipatory bail should be granted subject to verification of antecedents.
Summary
The petitioner, Akash Pal, was implicated in a case alleging recovery of 3,062.52 litres of liquor from two Scorpio vehicles he owned, under the Bihar Prohibition and Excise Act. He claimed he had no knowledge of the driver’s misuse of the vehicle and that no liquor was found in his conscious possession. The State opposed his prayer for anticipatory bail. The High Court, after considering his clean antecedent and the lack of direct possession, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, and directed the trial court to verify his criminal antecedents before confirming the bail. If any antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S. and the relevant provisions of the Bihar Prohibition and Excise Act.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of alleged liquor seizure?
- Whether the petitioner’s lack of direct possession and clean antecedent justify provisional anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 31(2), 31(i), 41(i)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle owner liability
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19896 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Akash Pal S/o Shiya Ram R/o vill - Bhagwant Pura, Near Toriya Pani Tanki,
ward no. 24, P.S.- Jhansi, Distt.- Jhansi, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Archna Aanand
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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),
41(i), 31(i), 31(2) 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 3062.52 litres of liquor from two Scorpio vehicle. 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 one of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
Patna High Court CR. MISC. No.19896 of 2026(2) dt.17-04-2026
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would get implicated. It is also submitted that the petitioner was
completely unaware that his driver would misuse his vehicle in
the manner as alleged who also fled from the spot.
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 Pandaul P.S. Case No.283/2025, 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
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.19896 of 2026(2) dt.17-04-2026
3/3
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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