Patna High Court
Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Vinod Kumar, the owner of a Maruti Suzuki, was implicated in a case alleging the recovery of 338.35 litres of liquor from his vehicle and offences under Sections 414 and 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that he was unaware of the misuse of his vehicle by a third party named Ankush. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties of the same amount, with verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation. The decision was delivered by Justice Satyavrat Verma of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC Sections 414 and 420 and the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle from which liquor was recovered implicates the petitioner absent conscious possession.
- Whether the petitioner’s clean antecedent and lack of arrest at the spot justify provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 414, 420
Subjects
- anticipatory bail
- criminal antecedent
- possession
- liquor seizure
- vehicle ownership
- IPC 414
- IPC 420
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21196 of 2026
Arising Out of PS. Case No.-122 Year-2024 Thana- MIRGANJ District- Gopalganj
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Vinod Kumar S/o Sri Braham Singh Resident of village - Sara, Krishnapuri
Rori, P.S - Modinagar, District - Gaziabad (U.P)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate
For the Opposite Party/s : Mr. Renuka Ratnakar, A.P.P.
======================================================
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 Sections 414 and
420 of the Indian Penal Code as well as Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 338.35 litres of liquor from a Maruti Suzuki.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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
Patna High Court CR. MISC. No.21196 of 2026(2) dt.01-04-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Ankush 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, let the petitioner, above-named, in the
event of his arrest or surrender 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 Mirganj P.S. Case No. 122 of 2024, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.21196 of 2026(2) dt.01-04-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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