Patna High Court

Madhurendra MadhukarversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Madhurendra Madhukar, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged recovery of 2,356.720 litres of liquor from vehicles he owned. He argued he had a clean antecedent, was not in possession of the liquor, and was unaware that his vehicle was misused by another person. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on furnishing a bail bond and two sureties, and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed. The order was made under Section 482(2) of the relevant procedural law.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) in view of the allegations under the Bihar Excise Act.
Whether ownership of the vehicle used in the alleged liquor seizure implicates the petitioner for bail purposes.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
liquor seizure
vehicle ownership
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30624 of 2026
                         Arising Out of PS. Case No.-205 Year-2021 Thana- BYPASS District- Patna
                 ======================================================
                 Madhurendra Madhukar son of Birendra Kumar shahi Resident of village-
                 Mahatma Gandi Nagar, Near Buddha Dental College, Ps- Kankarbhag District
                 -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prasoon Kumar
                 For the Opposite Party/s :        Mr.Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026               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),

                   32(i), 32(3) 41(1) and 42(2) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2356.720 litres of liquor from a truck, Scorpio

                   vehicle, Tata pickup vehicle and a car.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.30624 of 2026(2) dt.04-05-2026
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          pickup 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 would get

          implicated, it is further submitted that petitioner was completely

          unaware that Umashankar 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 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 Bypass P.S. Case No. 205 of 2021 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 purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.30624 of 2026(2) dt.04-05-2026
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                        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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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