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Patna High Court

Ramkripal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Ramkripal Kumar, was implicated in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 240 litres of liquor from two motorcycles, one of which he owned. He argued that he had no conscious possession of the liquor, was unaware that the vehicle would be misused, and has a clean criminal record. The State opposed his request for anticipatory bail. The Court examined the lack of direct possession, the petitioner’s clean antecedent, and the statutory provisions governing anticipatory bail. It granted provisional anticipatory bail on the condition of a bail bond and two sureties, subject to verification of his antecedent by the trial court. The order will be confirmed if the trial court finds no prior criminal case against him; otherwise it will be set aside.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic Substances Act in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of a vehicle used in the alleged offence, without proof of conscious possession of the contraband, suffices to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • vehicle ownership
  • Bihar Prohibition Act
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23369 of 2026
                       Arising Out of PS. Case No.-359 Year-2024 Thana- SIRDALA District- Nawada
                 ======================================================
                 Ramkripal Kumar S/o Awadh Yadav R/o Village - Kalinagar Court, P.S -
                 Mufassil, District - Jehanabad
                                                                      ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Shabina Talat, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, 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 offences punishable under Sections 30(a), 37

                   and 41 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 240 litres of liquor from the two motorcycles.

                                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 one of the seized vehicles. It is next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.23369 of 2026(2) dt.09-04-2026
                                            2/3




          occurrence and, thus, would create evidence against himself

          and, hence, would get implicated. It is also submitted that

          petitioner was completely unaware that Ramesh Singh would

          misuse the vehicle in the manner as alleged who was also

          apprehended from the spot. It is further submitted that the

          vehicle went missing for which an application was filed before

          the police but subsequently the vehicle was found.

                       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 Sirdala P.S. Case

          No. 359 of 2024, 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,
           Patna High Court CR. MISC. No.23369 of 2026(2) dt.09-04-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     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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