Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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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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