Patna High Court
Narendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
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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
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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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