Patna High Court
MohitversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to bail bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Mohit, owner of a vehicle, was implicated in a case (Excise P.S. Darbhanga Case No.328/2025) for the alleged recovery of 918 litres of liquor from his vehicle, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was not arrested at the spot, the liquor was not found in his conscious possession, and he was unaware that his driver misused the vehicle. The State opposed his prayer for anticipatory bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order is made under Section 482(2) of the B.N.S.S., pending final verification by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of the liquor seizure justify granting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20721 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- Excise P.S. District- Darbhanga
======================================================
Mohit S/o- Balraj Singh Resident of Village- Nasirpur Cholka PS- Khanda,
Dist- Sonipat (Sonepat)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Swarnima
For the Opposite Party/s : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 has antecedent of one case and allegation is of
recovery of 918 litres of liquor from a container 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
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 would get
Patna High Court CR. MISC. No.20721 of 2026(2) dt.31-03-2026
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implicated. It is also submitted that the petitioner was
completely unaware that his driver would misuse his vehicle in
the manner as alleged.
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.5000/- (Rupees five thousand) 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 Town P.S. (Darbhanga) Case
No.328/2025, 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 more than
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 has antecedent of one
Patna High Court CR. MISC. No.20721 of 2026(2) dt.31-03-2026
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case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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