Patna High Court
Avinash Kumar @ Rajesh 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 antecedent.
Summary
Avinash Kumar, the owner of Welcome Hotel, feared arrest in a case under Sections 30(a) and 37 of the Bihar Excise Act after 590 ml of liquor and empty bottles were recovered from two rooms of his hotel. He argued that he had a clean antecedent, was not in actual possession of the liquor, and that ownership of the premises alone should not make him liable. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail may be revoked; otherwise, the provisional order will be confirmed.
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 ownership of the premises where liquor is found creates criminal liability for the owner
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- hotel owner liability
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26542 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- PATLIPUTRA District- Patna
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Avinash Kumar @ Rajesh Kumar S/o Sunil Dutt R/o Village - Near
Kabristan, Nasirganj, Digha, P.O - Digha, PS - Digha, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Kumar
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
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 Sections 30(a) and
37 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 590 ml of liquor from two different rooms of
Welcome Hotel along with some empty bottles.
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 Hotel from
where the alleged recovery is made. It is next submitted that
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hotel is a place where guests come in large number and it is not
possible for the owner of the hotel to be vigilant all the time, but
then the police in a mechanical manner investigates and
implicates. It is further submitted that no prudent businessman
would use his own premises 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.
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 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 Patliputra P.S. Case No. 88 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 even one case
then it would be presumed that petitioner, for the purposes of
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seeking anticipatory bail, had concealed his antecedent before this
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)
Sumit/-
U T
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