Patna High Court
Baulal Kumar @ Babulal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
Baulal Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 15 litres of liquor from his motorcycle and another 15 litres from the house of Lakhan Marandi. He contended that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that his vehicle was misused by another person, Manoj. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in the context of alleged liquor possession.
- Whether ownership of the vehicle used in the alleged offence precludes the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- liquor offence
- clean antecedent
- vehicle ownership
- Bihar Prohibition Act
- Section 482 CPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.236 of 2026
Arising Out of PS. Case No.-219 Year-2023 Thana- BELHAR District- Banka
======================================================
Baulal Kumar @ Babulal Kumar Son of Raghu Hembrom Resident of
Village- Lakshmiyatari, P.S.- Belhar, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 litres of liquor from a motorcycle and 15 litres of
liquor from the house of Lakhan Marandi. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and has not
concern or relation with Lakhan 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
Patna High Court CR. MISC. No.236 of 2026(2) dt.15-01-2026
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committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that
Manoj would misuse his vehicle in the manner as alleged who
was also apprehended from the spot along with Kanso.
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 before the learned Court below
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 Belhar
P.S. Case No.219/2023, 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
Patna High Court CR. MISC. No.236 of 2026(2) dt.15-01-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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