Patna High Court
Shubham Kumar @ Subham 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 antecedents.
Summary
The petitioner, Shubham Kumar, sought anticipatory bail after the police recovered 67.5 litres of liquor, a motorcycle, mobiles and cash from his Mahindra vehicle in a case under the Bihar Prohibition and Excise Act, 2016. He contended that he had no knowledge of the liquor being in his vehicle and that the actual offender, Rahul Kumar, misused the vehicle without his consent. The State opposed the bail, arguing the seriousness of the offences under Sections 30(a), 41 and 56(b). The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedents by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision was based on the petitioner’s clean record and the lack of direct possession of the contraband at the time of arrest.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under the Bihar Prohibition and Excise Act, 2016
- Whether ownership of the vehicle used for the alleged offence suffices to justify arrest and denial of bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41, 56(b)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28361 of 2026
Arising Out of PS. Case No.-714 Year-2021 Thana- HISUWA District- Nawada
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Shubham Kumar @ Subham Kumar S/O Raghvendra Narayan Singh R/O
Vill.- Near Harihar Nath Mandir, Sonepur Mina Bazar, P.S.- Sonepur, Dist.-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Binode Bariar
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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
and 56(b) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 67.5 litres of liquor from a Mahindra vehicle and a
motorcycle was seized along with 3-4 mobiles and Rs.4300/-. 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
Patna High Court CR. MISC. No.28361 of 2026(2) dt.29-04-2026
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would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Rahul Kumar would misuse his vehicle
in the manner as alleged who was also apprehended from the
spot along with Rahul Kumar Singh.
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 Hisua P.S. Case No.714/2021, 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.28361 of 2026(2) dt.29-04-2026
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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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