Patna High Court
Mahesh MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed under Section 482(2) of the BNSS.
Summary
Mahesh Mishra, the owner of a motorcycle from which 171 litres of liquor were seized, applied for anticipatory bail fearing arrest under Sections 274 and 275 of the BNS, 2023 and Section 30(a) of the Bihar Excise Act. He argued that he had no knowledge of the liquor being carried, that the vehicle was misused by a friend who fled the scene, and that he has a clean criminal antecedent. The State opposed the bail, contending the offences were serious. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s antecedent. If any prior case is discovered, the bail will be cancelled; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Sections 274 and 275 of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
- Whether the ownership of the vehicle, without possession of the contraband, suffices to justify denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 274, 275
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 274
- Section 275
- Bihar Excise Act
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21449 of 2026
Arising Out of PS. Case No.-194 Year-2024 Thana- BASOPATTI District- Madhubani
======================================================
Mahesh Mishra Son of Kamal Kant Mishra Resident of Village -
Murliyachak, Gangaur P.S.- Fulparash, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Md. Nazir Ansari, 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 Sections 274 and
275 of the BNS, 2023 read with 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 171 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
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled 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.
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 Basopatti
P.S. Case No. 194 of 2024 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.21449 of 2026(2) dt.01-04-2026
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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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