Patna High Court
Onkar NarayanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and a verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Onkar Narayan, sought anticipatory bail after a case was registered against him under Sections 274, 275 and 317(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act for allegedly possessing 25.8 litres of liquor recovered from a motorcycle he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that a co‑accused, Satish, would misuse his vehicle. The State opposed the bail, contending that the petitioner’s prior four excise cases should preclude relief. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 20,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent; if more than four prior cases are found, the bail would not be confirmed, otherwise it would be confirmed. The decision hinged on the application of Section 482(2) of the BNSS and the principle that ownership of a vehicle does not automatically constitute participation in the offence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the provisions of the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle used in the alleged offence makes him liable for the offence.
- Whether the petitioner’s prior criminal antecedent of four excise cases bars the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5), 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21059 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- JAYNAGAR District- Madhubani
======================================================
Onkar Narayan S/o Rampati Yadav Resident of village- Belhi west, ward no
2, P.S- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, 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 Sections 274, 275
and 317(5) of the BNS, 2023 read with Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 25.8 liters of liquor from a
motorcycle.
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
Patna High Court CR. MISC. No.21059 of 2026(2) dt.01-04-2026
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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 implicated,
it is also submitted that petitioner was completely unaware that
Satish would misuse the vehicle in the manner as alleged who
was also apprehended 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 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.
20,000/- (Rupees Twenty 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
Jaynagar P.S. Case No. 64 of 2026 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 four
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.21059 of 2026(2) dt.01-04-2026
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of four cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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