Patna High Court

Jagpal @ Jagpal MalikversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Jagpal Malik, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 140.25 litres of liquor from a truck he owned. He argued that he was not in possession of the liquor, was unaware of the misuse of his vehicle by a driver, and that ownership alone should not implicate him. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. It further directed that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed immediately.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
Whether ownership of the vehicle used in the alleged offence suffices to establish culpability
Effect of the petitioner’s prior criminal antecedent on the grant of anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
vehicle ownership
criminal antecedent
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21184 of 2026
                   Arising Out of PS. Case No.-536 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Jagpal @ Jagpal Malik Son of Hoshiyara @ Hoshiyar Singh R/o Village -
                 Saragthal, P.S. - Gohana, Dist. - Sonipat, State - Haryana.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Priya Raj
                 For the Opposite Party/s :      Ms.Madhuri Lata
                 ======================================================
                 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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 140.25 litres of liquor from a truck.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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.21184 of 2026(2) dt.01-04-2026
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          create evidence against himself and hence would get implicated

          and at the same time shall bring disrepute to his business, it is

          further submitted that petitioner was completely unaware that

          Sunil would misuse the vehicle in the manner as alleged, who

          was also apprehended 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. 5,000/- (Rupees

          Five Thousand) 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 Kuchaikot P.S. Case

          No. 536 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 more than

          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
              Patna High Court CR. MISC. No.21184 of 2026(2) dt.01-04-2026
                                                          3/3




                        shall not be confirmed, but after verification if it is found that

                        petitioner has antecedent of one case in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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