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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedents.

Summary

Ankit Kumar was implicated in a case under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Amendment Act, 2018 for the alleged recovery of 27 litres of liquor from a motorcycle he owned. He argued that he had no conscious possession of the liquor, that he was unaware of the misuse of his vehicle by another person, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. The order stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed immediately. The decision was based on the principles governing anticipatory bail and the discretion under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether ownership of the vehicle used in the alleged offence suffices to attract criminal liability
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming or cancelling the provisional bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26396 of 2026
                       Arising Out of PS. Case No.-4261 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Ankit Kumar Son of Karan Prasad Resident of Behind Thakurbari Mandir,
                 Kumhrar, Gwar Toli, Bahadurpur Housing Colony, P.S.- Kankarbagh,
                 District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar
                 For the Opposite Party/s :         Mr. Sanjay Kumar Sharma
                 ======================================================
                 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 offence punishable under Sections 30(a), 41,

                   56(b) of Bihar Prohibition and Excise Amendment Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 27 litres of liquor from a motorcycle. 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 would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.26396 of 2026(2) dt.22-04-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that Saroj would misuse his vehicle in the

          manner as alleged who was also apprehended from the spot

          along with Nirmal.

                       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 Excise P.S. Patna Case No.4261/2025, 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.26396 of 2026(2) dt.22-04-2026
                                                         3/3




                       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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