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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to bail bond, sureties, and verification of the petitioner’s antecedents.

Summary

The petitioner, Ajit Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 178.125 litres of liquor from a vehicle he owned. He argued that he had no prior criminal record, that the liquor was not found in his personal possession, and that he was unaware of the misuse of his vehicle by another individual. The State opposed his request for anticipatory bail. The Court, after considering the 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. If the verification shows a clean record, the bail will be confirmed; otherwise, it may be withdrawn. The order is subject to the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
  • Whether ownership of the vehicle used for the alleged offence is sufficient ground to deny anticipatory bail
  • Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25112 of 2026
                       Arising Out of PS. Case No.-55 Year-2020 Thana- HATHIDAH District- Patna
                 ======================================================
                 Ajit Kumar S/o Sri Dev Narayan Kunwar Resident of Village - Pidhuali,
                 Amjadpur, P.S. - Teghara, Dist. - Begusarai.
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Manglam, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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 Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 178.125 litres of liquor from a Bolero.

                                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.25112 of 2026(2) dt.21-04-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that Santosh Kumar @ Golu 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 Hathidah P.S. Case

          No. 55 of 2020, 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.25112 of 2026(2) dt.21-04-2026
                                                       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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