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Patna High Court

Lakshmi BabuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

Lakshmi Babu, the owner of a motorcycle from which 13.875 litres of liquor was recovered, applied for anticipatory bail after being implicated in an offence under Section 30(a) of the Bihar Excise Act. He argued that he had no conscious possession of the liquor and was unaware that his vehicle would be misused by others. The State opposed the bail, contending that the seizure linked the petitioner to the offence. The High Court, considering the petitioner’s clean antecedent and the fact that the liquor was not found in his possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a six‑week period for surrender, pending verification of his criminal record. The order also stipulated that if any antecedent is discovered, the bail would be revoked, but if the petitioner remains clean, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused is the owner of the vehicle but not in possession of the contraband.
  • Whether ownership of the seized vehicle alone suffices to implicate the accused.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • Section 30 Bihar Excise Act
  • Section 482 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21089 of 2026
                         Arising Out of PS. Case No.-232 Year-2025 Thana- NEORA District- Patna
                 ======================================================
                 Lakshmi Babu S/o Ram Naresh Singh R/O- Ward no 10, Central Co-operative
                 Bank, P.s- Koilwar, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ghanshyam Tiwary
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary
                 ======================================================
                 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 13.875 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

                   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.21089 of 2026(2) dt.01-04-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Aman would misuse the vehicle in the manner as alleged

          who was also apprehended from the spot along with Saurav and

          Chandan.

                       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 Neora

          P.S. Case No. 232 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.21089 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.

                                   8. At this stage, the learned counsel appearing on behalf

                      of the petitioner submits that inadvertently at Para-8 of the

                      anticipatory bail application it has been pleaded that petitioner is

                      not the owner of the seized vehicle, but at Para-7 it has been

                      specifically pleaded that petitioner is the owner of the seized

                      vehicle.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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