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Patna High Court

Shubham Kumar @ Subham KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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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