Patna High Court

Ravi KumarversusThe State of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents.

Summary

The petitioner, Ravi Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 7.05 litres of liquor were recovered from a motorcycle he owned. He argued that he had no knowledge of the liquor being in his vehicle and that his friend, who was apprehended at the scene, had misused the vehicle. The State opposed his request for anticipatory bail. The Court considered the petitioner's clean antecedent and the circumstances of the seizure, and ordered provisional anticipatory bail subject to a modest bond and sureties, with a condition that the trial court verify his criminal record. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act and Section 482(2) of the B.N.S.S.
Whether the ownership of the vehicle, absent possession of the liquor, suffices to justify denial of bail

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
liquor seizure
vehicle ownership
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23195 of 2026
                       Arising Out of PS. Case No.-76 Year-2025 Thana- Bahoranpur District- Bhojpur
                 ======================================================
                 Ravi Kumar S/o Sri Kant Singh Resident of Village - Baragahi, P.S -
                 Bahoranpur, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raju Kumar Singh
                 For the Opposite Party/s :        Mr. Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 7.05 litres of liquor from a motorcycle. 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 hence would get
Patna High Court CR. MISC. No.23195 of 2026(2) dt.09-04-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend 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.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 Bahoranpur P.S. Case No.76/2025, 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 even one

          case, 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

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.23195 of 2026(2) dt.09-04-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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