Patna High Court
Babar AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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
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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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