Patna High Court

Umesh Kushwaha @ Umesh KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Umesh Kushwaha, was implicated in a case alleging recovery of 285.06 litres of liquor from his Tata Tigor vehicle under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He argued that he was not present at the spot, had no conscious possession of the liquor, and was unaware that a person named Ritik would misuse his vehicle. The State opposed his request for anticipatory bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.20,000 with two sureties and directing the trial court to verify his criminal antecedents. If more than four prior cases are found, the bail will not be confirmed; if exactly four, it will be confirmed immediately.

Issues considered

Whether anticipatory bail should be granted when the alleged offence involves liquor recovered from a vehicle owned by the petitioner but not in his possession.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Whether ownership of the vehicle alone suffices to establish culpability under the Bihar Prohibition and Excise Act.

Legislation cited

Bihar Narcotic and Smuggling Act — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
criminal antecedent
vehicle ownership
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22881 of 2026
                        Arising Out of PS. Case No.-429 Year-2024 Thana- AMNAUR District- Saran
                 ======================================================
                 Umesh Kushwaha @ Umesh Kumar S/O Baidhnath Prasad Resident of
                 village - Ward no.- 13, Majhar, P.S- Pakaridayal, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 offence punishable under Sections 30(a), 47 of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 285.06 litres of liquor from Tata

                   Tigor Car. It is next submitted that 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 create evidence against himself and
Patna High Court CR. MISC. No.22881 of 2026(3) dt.27-04-2026
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          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that Ritik would misuse his

          vehicle in the manner as alleged who was also apprehended

          from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.20,000/- (Rupees twenty 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 Amnour P.S. Case No.429/2024, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          four cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.22881 of 2026(3) dt.27-04-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of four

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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