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Patna High Court

Abhimanyu Kumar @ Abhimayu Singh @ Abhimanyu Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.

Summary

The petitioner, Abhimanyu Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 15.840 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not arrested at the spot, and was unaware that another individual, Hari Chand Baitha, misused his vehicle. The State opposed his anticipatory bail application. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., with a condition that the trial court verify his antecedent. If any prior case is found, the bail will not be confirmed; if his antecedent remains clean, the bail will be confirmed.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 Cr.P.C.?
  • Whether the petitioner’s alleged lack of conscious possession and clean antecedent justify bail?
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are proper.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23169 of 2026
                       Arising Out of PS. Case No.-348 Year-2025 Thana- GUTHANI District- Siwan
                 ======================================================
                 Abhimanyu Kumar @ Abhimayu Singh @ Abhimanyu Kumar Singh S/o
                 Ramlochan Singh R/o Village - Gauri, P.S - Darauli, District - Siwan
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyanshu Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  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 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 15.840 litres of liquor from a motorcycle.

                                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, initially in the year 2023, had tried to sell his

                   motorcycle but then he could not sale the same, as such, he

                   remained the owner of the motorcycle. It is next submitted that

                   petitioner, being owner of the motorcycle, came to be implicated
Patna High Court CR. MISC. No.23169 of 2026(2) dt.08-04-2026
                                            2/3




          but then it is submitted that no prudent person 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 Hari Chand Baitha 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 appearing on behalf of 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 Guthani P.S. Case

          No. 348 of 2025, 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
           Patna High Court CR. MISC. No.23169 of 2026(2) dt.08-04-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     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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