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Patna High Court

Onkar NarayanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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