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Patna High Court

Ravi Shankar Singh @ Ravishankar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions imposed.

Summary

The petitioner, Ravi Shankar Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 8.84 litres of liquor from his motorcycle. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that his friend Kanhaiya Yadav (Kundan Kumar) misused the vehicle. The petitioner claimed a clean criminal antecedent and sought anticipatory bail. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing the trial court to verify the petitioner’s antecedent before confirming the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case of alleged liquor possession under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s claim of clean antecedent and lack of conscious possession justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • clean antecedent
  • vehicle ownership
  • Section 438
  • Section 482
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23801 of 2026
                      Arising Out of PS. Case No.-348 Year-2022 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Ravi Shankar Singh @ Ravishankar Singh Son of Ram Kumar Singh R/o
                 Village - Piyaniya (Piania), P.S.- Udwantnagar, District - Bhojpur.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh No. 1, 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 offence punishable under Section 30(a) 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 8.84 litres of liquor from a motorcycle.

                                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 the seized vehicle. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence

                   and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.23801 of 2026(2) dt.09-04-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend, namely, Kanhaiya Yadav @

          Kundan Kumar would misuse the vehicle in the manner as

          alleged who was also 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 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   Barhara

          (Khawaspur O.P.) P.S. Case No. 348 of 2022, 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,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.23801 of 2026(2) dt.09-04-2026
                                                       3/3




                     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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