Patna High Court
Badal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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