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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of antecedents.

Summary

Vikash Kumar, the owner of a motorcycle, was implicated in a case where 100 litres of liquor were recovered from his vehicle, although he was not arrested at the spot and claimed no conscious possession. He asserted a clean criminal record and argued that the actual misuse of the vehicle was by another individual, Munna, who was apprehended. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of the petitioner’s antecedents under Section 482(2) of the B.N.S.S. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The order emphasizes the need for the trial court to verify antecedents before confirming bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27153 of 2026
                         Arising Out of PS. Case No.-93 Year-2024 Thana- Geedha District- Bhojpur
                 ======================================================
                 Vikash Kumar Son of Late Rajendra Rai @ Rajindra Ray Resident of Village-
                 Narayanpur Daulatpur, P.S.- Koilwar, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramanuj Tiwary
                 For the Opposite Party/s :        Ms. Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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

                   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 100 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

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.27153 of 2026(2) dt.23-04-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that Munna would misuse his vehicle in the

          manner as alleged who was also apprehended from the spot

          along with Nitish.

                       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 Gidha P.S. Case No.93/2024, 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

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.27153 of 2026(2) dt.23-04-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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