Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Akhilesh Kumar, the owner of a truck, was implicated in a case (PS Bidupur Case No. 360 of 2021) for alleged possession of 69.12 litres of liquor in a truck and 82.965 litres in a Nano car, offences punishable under Section 30(a) of the Bihar Excise Act read with Section 414 of the IPC. He contended that the liquor was not found in his conscious possession, that he was unaware of his driver’s alleged misuse of the vehicle, and that ownership alone should not render him liable. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further stipulated that if more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the alleged excise offences.
- Whether ownership of the vehicle used for alleged liquor transport suffices to implicate the petitioner without proof of conscious possession.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- excise law
- liquor seizure
- ownership liability
- Section 30 Bihar Excise Act
- Section 414 IPC
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21040 of 2026
Arising Out of PS. Case No.-360 Year-2021 Thana- BIDUPUR District- Vaishali
======================================================
Akhilesh Kumar S/O Lalu Bhagat R/O Village- Ward No- 10, kutubpur,
Saidpur, P.S.- Bidupur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 Section 30(a) of the
Bihar Excise Act read with Section 414 of the Indian Penal
Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 69.12 liters of liquor from a truck
and 82.965 liters of liquor from a Nano car.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 truck.
Patna High Court CR. MISC. No.21040 of 2026(2) dt.01-04-2026
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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 implicated and at
the same time shall bring disrepute to his business, it is also
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged in
connivance with the consignee.
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 before the learned Trial Court
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 Bidupur
P.S. Case No. 360 of 2021 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 more than one
case then it would be presumed that petitioner, for the purposes of
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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 has
antecedent of one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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