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Patna High Court

Babar AliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions imposed under Section 482(2).

Summary

Babar Ali, the owner of a pickup vehicle, was implicated in the seizure of 1,305 litres of liquor under Section 30(a) of the Bihar Excise Act. He contended that he had no knowledge of the driver’s alleged misuse of the vehicle and possessed a clean criminal record. The State opposed his request for anticipatory bail. The Patna High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The order was made under Section 482(2) of the Bihar Negotiable Securities Act.

Issues considered

  • Whether anticipatory bail is appropriate when the accused is the owner of the vehicle used in the alleged liquor seizure but claims lack of knowledge.
  • Whether the petitioner’s clean antecedent and absence of conscious possession justify granting anticipatory bail.
  • Whether conditions under Section 482(2) of the BNSS can be imposed to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle owner liability
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21072 of 2026
                   Arising Out of PS. Case No.-467 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Babar Ali Son of Kurban Ali Resident of village - Kaliya Nagla, P.O.-
                 Hamirpur Tehsil Tanda, P.S.- Kotwali Nagar, District - Rampur, State - Uttar
                 Pradesh.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mayashankar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Suresh Prasad Singh, 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 1305 liters of liquor from a pick up vehicle.

                                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
Patna High Court CR. MISC. No.21072 of 2026(2) dt.01-04-2026
                                            2/3




          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.

                       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

          Udwantnagar P.S. Case No. 467 of 2025 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
            Patna High Court CR. MISC. No.21072 of 2026(2) dt.01-04-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner is a

                      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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