Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to specified conditions.
Summary
Anil Kumar, the petitioner, sought anticipatory bail after the police registered a case (PS Alamganj Case No. 845 of 2022) alleging that 540 ml of liquor was recovered from his scooter, invoking Sections 30(a), 36 and 37 of the Bihar Prohibition and Excise Act. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that a third party misused his vehicle. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, subject to a bail bond of Rs.500, two sureties, verification of his antecedent, and a deposit of Rs.1,500 with the Patna High Court Advocate Association. The order directs that if a criminal antecedent is discovered, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
- Whether the petitioner’s ownership of the vehicle implicates him in the alleged offence under the Bihar Prohibition and Excise Act
- Whether the conditions imposed under Section 438(2) and Section 482(2) of the BNSS are appropriate
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 482 BNSS
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2754 of 2026
Arising Out of PS. Case No.-845 Year-2022 Thana- ALAMGANJ District- Patna
======================================================
Anil Kumar S/o Late Baijnath Prasad R/o Bari Patan Devi, PS- Alamganj,
Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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), 36
and 37 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 540 ml. of liquor from a Scooty.
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.2754 of 2026(2) dt.28-01-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Manish Chaudhary would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot along with Ashutosh Kumar and Vicky Kumar.
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, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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 Alamganj
P.S. Case No. 845 of 2022, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 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
Patna High Court CR. MISC. No.2754 of 2026(2) dt.28-01-2026
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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