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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally as the petitioner has no proven possession of the liquor and appears to have a clean antecedent, subject to verification.

Summary

Raja Kumar, the owner of a pick‑up vehicle, was implicated in a case involving the alleged recovery of 1,419.54 litres of liquor, alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, asserting a clean criminal record and that the liquor was not found in his conscious possession, nor was he present at the spot of seizure. The State opposed the bail, contending the vehicle’s ownership linked him to the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a bail bond and two sureties, subject to verification of the petitioner’s antecedents. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle used for alleged liquor transport makes the owner liable for the offences.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Bihar Prohibition Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24252 of 2026
                         Arising Out of PS. Case No.-287 Year-2025 Thana- DOBHI District- Gaya
                 ======================================================
                 Raja Kumar Son of Kishori Prasad Resident of Mohalla- Nadraganj Mallah
                 Toli, P.S.- Civil Lines, District- Gaya Ji
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Prasad, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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),

                   32(1), 32(2), 36, 41(1) and 41(2) 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 1419.54 litres of liquor from a Pick-Up.

                                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
Patna High Court CR. MISC. No.24252 of 2026(2) dt.20-04-2026
                                            2/3




          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also 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 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 Dobhi P.S. Case

          No. 287 of 2025, 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

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.24252 of 2026(2) dt.20-04-2026
                                                       3/3




                     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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