Patna High Court

Gulshan KumarversusThe State of Bihar

Decided: 24 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with bail conditions.

Summary

The petitioner, Gulshan Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 40 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not arrested at the spot, and was unaware that his friend misused the vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, subject to verification of the petitioner's criminal antecedent by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the petitioner's clean antecedent and lack of conscious possession justify granting anticipatory bail

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30(a)
excise law
clean antecedent
vehicle ownership
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26977 of 2026
                   Arising Out of PS. Case No.-130 Year-2025 Thana- EXCISE GOGRI District- Khagaria
                 ======================================================
                 Gulshan Kumar S/O Sunil Sahni R/O Village- Swan Puri, Ward No. 02,
                 Itmadi, P.S- Beldaur, Distt.- Khagaria.
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Parmatma Singh, Advocate
                 For the Opposite Party/s :       Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  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 Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.26977 of 2026(2) dt.24-04-2026
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          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who also fled 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 appearing on behalf of the petitioner, let 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 Gogari Excise P.S.

          Case No. 130 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.26977 of 2026(2) dt.24-04-2026
                                                       3/3




                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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