Patna High Court

Bhola PrasadversusThe State of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted to the petitioner, subject to conditions and verification of his antecedent.

Summary

Bhola Prasad, the owner of a Brezza car, was implicated in a case where 224.28 litres of liquor were recovered from the vehicle. He was not arrested at the spot and had no conscious possession of the liquor; the driver allegedly misused the car and fled. The petitioner sought anticipatory bail, arguing his clean antecedent and lack of direct involvement. The State opposed the bail. The court, considering the petitioner’s clean record and the fact that the liquor was not found in his possession, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

Whether anticipatory bail can be granted when the accused is merely the owner of the vehicle from which contraband was seized and had no conscious possession.
Whether a clean criminal antecedent is a prerequisite for granting anticipatory bail under Section 482(2) of the BNSS.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
vehicle owner liability
clean antecedent
Section 30
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23718 of 2026
                  Arising Out of PS. Case No.-128 Year-2026 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
                 Bhola Prasad S/O Gopali Ram R/O Village- Mahavir Chabutra, P.S-
                 Daudnagar, Distt.- Aurangabad. At present C/O Nand Kumar Jha, R/O
                 Village- Sainik Colony, Dumdaga Sugnu, P.S- Kanke, Dist.- Ranchi
                 (Jharkhand).

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Mukul Kumari
                 For the Opposite Party/s :     Mr.Akbar Ali
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 224.28 litres of liquor from a Brezza car.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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
Patna High Court CR. MISC. No.23718 of 2026(2) dt.09-04-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver 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 for the petitioner, 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 Daudnagar P.S. Case No. 128 of 2026 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
              Patna High Court CR. MISC. No.23718 of 2026(2) dt.09-04-2026
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                        confirmed, but after verification if 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)
Sumit/-

U         T

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