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Patna High Court

Badal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated bail conditions.

Summary

Badal Kumar, the owner of a vehicle from which 169.74 litres of liquor were seized, feared arrest under Section 30(a) of the Bihar Excise Act. He argued that he had a clean criminal record, was not caught with the liquor, and was unaware that his driver misused the vehicle, who subsequently fled the scene. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted a provisional anticipatory bail order conditioned on the petitioner furnishing a bail bond of Rs.500 with two sureties and subject to verification of his criminal antecedent by the trial court. If any prior case is discovered, the bail will not be confirmed; if his record remains clean, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the vehicle owner in a case under Section 30(a) of the Bihar Excise Act where the liquor was not found in his possession.
  • Whether ownership of the vehicle alone suffices to attract criminal liability for the alleged excise offence.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • vehicle ownership
  • criminal antecedent
  • Section 482(2)
  • BNSS
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21066 of 2026
                    Arising Out of PS. Case No.-66 Year-2026 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Badal Kumar S/O Laljee Prasad R/O- Rahiya, P.S.- Sowan, Distt- Buxar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, 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.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 169.74 liters of liquor from an Auto.

                                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

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.21066 of 2026(2) dt.01-04-2026
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          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his driver would misuse the vehicle in the manner as alleged

          who also fled 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.

          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 Budha

          Colony P.S. Case No. 66 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 even one case

          then it would be presumed that petitioner, for the purposes of

          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 is a
            Patna High Court CR. MISC. No.21066 of 2026(2) dt.01-04-2026
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                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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