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Patna High Court

Ganesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Ganesh Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 270 litres of liquor recovered from two motorcycles, invoking Sections 272, 273 and 34 of the IPC read with Section 30(a) of the Bihar Excise Act. He argued that he had no conscious possession of the liquor, was merely the owner of one of the vehicles, and was unaware of his friend's alleged misuse of the vehicles. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of his criminal antecedent under Section 482(2) of the Criminal Procedure Code. The order directs that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the alleged liquor possession case under Sections 272, 273, 34 IPC and Section 30(a) Bihar Excise Act.
  • Whether the petitioner’s lack of conscious possession and clean antecedent justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor possession
  • Indian Penal Code
  • Bihar Excise Act
  • Section 482 CPC
  • criminal antecedent
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25236 of 2026
                    Arising Out of PS. Case No.-184 Year-2023 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Ganesh Kumar S/o Hare Ram Yadav Resident of Village- Mohanpur, P.S.-
                 Pandaul, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav, Advocate
                                                  Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 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 offences punishable under Section 272, 273

                   and 34 of the Indian Penal Code read with Section 30(a) of the

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 270 liters of liquor from two different motorcycles.

                                 4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended 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 one of the
Patna High Court CR. MISC. No.25236 of 2026(2) dt.21-04-2026
                                            2/3




          seized vehicles. 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 would get

          implicated, it is also submitted that petitioner was completely

          unaware that his friend 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 before the learned Trial Court

          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 Basopatti

          P.S. Case No. 184 of 2023 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
            Patna High Court CR. MISC. No.25236 of 2026(2) dt.21-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      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)
Rishabh/-

U      T


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