Patna High Court
Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted conditionally, even when the accused is the owner of the vehicle, provided he is not found to have conscious possession of the contraband and his criminal antecedent is limited.
Summary
The petitioner, Dablu Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 7.02 litres of liquor and seizure of a motorcycle. He argued that he was not present at the spot of the alleged offence, that the liquor was recovered from his relative Subham, and that he had no conscious possession of the contraband. The petitioner also contended that ownership of the vehicle should not be sufficient to implicate him, especially as he was unaware of its misuse. The State opposed the bail, asserting that the petitioner was involved in the offence. The Court granted provisional anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedent within six weeks, with the bail to be confirmed if he has at most two prior cases.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
- Whether mere ownership of a vehicle used in the alleged offence suffices to deny anticipatory bail?
- Whether the petitioner’s alleged lack of conscious possession and ignorance of the relative's actions justify granting anticipatory bail?
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- vehicle ownership
- criminal antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25793 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- RAJPUR District- Buxar
======================================================
Dablu Kumar Son of Bharat Gond R/o Village- Indarpur, PS- Sikroul, Dist. -
Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Dimpal Kumari
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 7.02 litres of liquor from possession of Subham and
a motorcycle was seized.
4. Learned counsel for the petitioner submits that the
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
motorcycle. It is next submitted that no prudent person would
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use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his relative Subham 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 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. 10,000/- (Rupees
Ten Thousand) 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 Rajpur P.S. Case No.
26 of 2026, 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 more than two
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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