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Patna High Court

Narendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his criminal antecedent.

Summary

Narendra Kumar, the owner of a vehicle from which 6,777.720 litres of liquor was seized, was charged under Sections 30(a) and 32(3) of the Bihar Excise Act. He applied for anticipatory bail, arguing that he had a clean antecedent, was not present at the spot of seizure, and was unaware that the driver, Vijay, would misuse his vehicle. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bail bond, two sureties of equal amount, and verification of the petitioner’s criminal antecedent within six weeks. The order also stipulated that if any antecedent is discovered, the bail would be cancelled, whereas a clean record would lead to confirmation of the bail. The petitioner was directed to deposit Rs.5,000 with the Lawyers’ Association, Patna High Court.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the seizure.
  • Whether the petitioner’s ownership of the vehicle makes him liable for the offences under the Bihar Excise Act.
  • Whether the court can condition anticipatory bail on verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 482
  • bail conditions
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2928 of 2026
                       Arising Out of PS. Case No.-523 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Narendra Kumar S/o Shri Dharam Prakash Resident of village - Bilaspur,
                 Meerganj, P.S- Sheeshgarh, District - Bareilly, Pin - 243505, State - Uttar
                 Pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pranav Bhaskar, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 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) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6777.720 liters of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.2928 of 2026(2) dt.28-01-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated

          and at the same time shall bring disrepute to his business, it is

          also submitted that petitioner was completely unaware that

          Vijay would misuse the vehicle in the manner as alleged who

          was also apprehended 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 for the petitioner, 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 Siwan

          Sadar P.S. Case No. 523 of 2025 subject to the conditions as laid

          down under Section 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

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.2928 of 2026(2) dt.28-01-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5000/- with Lawyers’ Association, Patna High Court.



                                                                (Satyavrat Verma, J)
Rishabh/-

U      T


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