Patna High Court
Prabhakar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Prabhakar Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 54 litres of liquor from his motorcycle. He argued that he had a clean criminal record, was not in actual possession of the liquor, and was implicated only because he owned the vehicle used by another individual, Sushil Kumar, who was seized with the liquor. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedents within six weeks. If any prior case is discovered, the provisional bail will not be confirmed; if his record remains clean, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given his alleged ownership of the vehicle but lack of direct possession of liquor
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail
Subjects
- anticipatory bail
- bail conditions
- excise law
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
- vehicle ownership
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23388 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Prabhakar Kumar S/o Daroga Singh Kushwaha @ Daroga Singh R/o Village -
Sahuka, P.S- Ramgarh, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 54 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.23388 of 2026(2) dt.17-04-2026
2/3
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Sushil Kumar would misuse the vehicle in the manner as alleged
who was 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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
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 Ramgarh
P.S. Case No. 260 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.23388 of 2026(2) dt.17-04-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…