Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
A vehicle owner with no knowledge of the misuse of his vehicle and a clean criminal record is entitled to provisional anticipatory bail, subject to verification of antecedents.
Summary
Mukesh Kumar, the owner of a vehicle from which 356.04 litres of liquor were seized, sought anticipatory bail fearing arrest under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He argued that he had no prior criminal record, the liquor was not found in his personal possession, and he was unaware that Umar Raza had used his vehicle for the alleged offence. The State opposed the bail. The Court, noting the petitioner’s clean antecedent and lack of direct involvement, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, and directed the trial court to verify his criminal record before confirming the bail. If any antecedent is discovered, the bail may be revoked; otherwise it will be confirmed. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the owner of a vehicle from which liquor is seized, without personal possession or knowledge of the offence, is entitled to anticipatory bail.
- Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail under Section 482(2).
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle owner liability
- clean antecedent
- Section 274
- Section 275
- Section 30(a)
- Section 482
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25530 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- SONBERSA District- Sitamarhi
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Mukesh Kumar S/o Chandrika Prasad R/o vill - Chandi (Satynag), P.s.-
Chandi, Dist.- Nalanda, and at present R/o Dhelwan - Shekhpura, P.S.- Ram
Krishna Nagar, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tejendra Sinha
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
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 Sections 274, 275 of
BNS and Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 356.04 litres of liquor from an ambulance vehicle.
It is next submitted that 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
Patna High Court CR. MISC. No.25530 of 2026(2) dt.21-04-2026
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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 the petitioner was
completely unaware that Umar Raza would misuse his vehicle
in the manner as alleged who was also apprehended from the
spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Sonbarsa P.S. Case No.290/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.25530 of 2026(2) dt.21-04-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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