Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Raju Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 317(5) and 3(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act, alleging recovery of large quantities of liquor from a house and two motorcycles. He argued that he had no direct possession of the liquor and was implicated only because he owned one of the seized vehicles, asserting a clean antecedent. The State opposed the bail, contending the allegations warranted detention. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged liquor possession and ownership of the vehicle.
- Whether ownership of a vehicle used in the alleged offence makes the owner liable for anticipatory bail.
- Whether a clean criminal antecedent is a prerequisite for confirming anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 3(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- surety
- ownership liability
- liquor seizure
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2191 of 2026
Arising Out of PS. Case No.-503 Year-2024 Thana- KATEYA District- Gopalganj
======================================================
Raju Kumar S/o- Lalaji Resident of village- Chaf PS- Vishunpura Distt-
Kushinagar UP
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 317(5) and
3(5) of the BNS 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 36 liters of liquor from house of the Koshila Devi
and 20.4 liters of liquor from two 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 one of the
seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.2191 of 2026(2) dt.27-01-2026
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would use 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 Koshila would misuse the vehicle in the manner as
alleged who was also apprehended from the spot along with
Harishwar.
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 Kateya
P.S. Case No. 503 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
Patna High Court CR. MISC. No.2191 of 2026(2) dt.27-01-2026
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Court, as such, the provisional anticipatory bail order shall not be
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 for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Lawyers’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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