Patna High Court
Ramkripal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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