Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Amar Kumar was implicated in a case (PS Case No. 625 of 2022) for allegedly possessing 50 litres of liquor recovered from his scooty, though he was not arrested at the spot and claims the vehicle was misused by a friend. He asserted a clean criminal record and argued that ownership of the vehicle alone should not constitute evidence of guilt. The State opposed his application for anticipatory bail. The Court considered the submissions and, under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a bail bond and sureties, with a condition that the trial court verify his antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed upon verification of his clean record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in the context of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether ownership of the vehicle from which liquor was recovered can alone justify denial of anticipatory bail.
- Whether the petitioner’s criminal antecedent warrants denial of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- liquor seizure
- Section 438 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23368 of 2026
Arising Out of PS. Case No.-625 Year-2022 Thana- RUPASPUR District- Patna
======================================================
Amar Kumar S/O Late Umesh Chauhan R/O Vill.- Govindpur, P.S-
Phulwarisharif, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P.
======================================================
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 the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from a Scooty.
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 came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that earlier the
Scooty of the petitioner went missing for which he filed a
complaint before the police but subsequently the Scooty was
Patna High Court CR. MISC. No.23368 of 2026(2) dt.09-04-2026
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recovered. It is also 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 lastly 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 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 Rupaspur P.S. Case
No. 625 of 2022, 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.23368 of 2026(2) dt.09-04-2026
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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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