Patna High Court
Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Mahesh Kumar, the owner of a truck from which 225 litres of liquor and 440.25 litres of liquor were seized, sought anticipatory bail fearing arrest under Sections 30, 30(a) and 37(b) of the Bihar Excise Act. He argued that he had no conscious possession of the liquor, was unaware of any misuse of his vehicle by a third party, and had a clean criminal record. The State opposed the bail. The Patna High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The court exercised its powers under Section 482(2) of the BNSS to issue the provisional order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the ownership of the vehicle used in the alleged offence, without conscious possession of the seized liquor, suffices to deny anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25642 of 2026
Arising Out of PS. Case No.-127 Year-2017 Thana- BHAGWANPUR District- Begusarai
======================================================
Mahesh Kumar S/o- Shri Jaswant Singh Resident of House No. 273, Ward
No. 10, Near Bus Adda, Village - Gharrot, PS - Hathin, District- Palwal,
Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, 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 Sections 30, 30(a)
and 37(b) 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 225 liters of liquor from a truck and 440.25 liters of
liquor from CBI brick kiln.
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 the seized truck.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.25642 of 2026(2) dt.21-04-2026
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vehicle for committing an occurrence and thus would create
evidence against himself and hence would get implicated and at
the same time shall bring disrepute to his business, it is also
submitted that petitioner was completely unaware that Shubham
would misuse the vehicle in the manner as alleged who was
apprehended from the spot along with Rahul and Shivchandra.
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
Bhagwanpur P.S. Case No. 127 of 2017 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.25642 of 2026(2) dt.21-04-2026
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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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