Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Ritesh Kumar, was implicated in a case under the Bihar Excise Act for the alleged recovery of 4.8 litres of liquor and the seizure of a motorcycle used by a co‑accused, Rahul. The petitioner, who owned the vehicle but was not in possession at the time of the incident, sought anticipatory bail, asserting a clean criminal record and lack of knowledge of Rahul's misuse of the vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify the petitioner’s antecedents within six weeks. If any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The petitioner was also directed to deposit Rs.1500 with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of ownership of the seized vehicle.
- Whether the petitioner’s lack of possession and clean antecedent justify granting anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for confirming the provisional bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- clean antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3227 of 2026
Arising Out of PS. Case No.-490 Year-2024 Thana- BRAHMPUR District- Buxar
======================================================
Ritesh Kumar S/o- Shivnath Mahto R/v- Bagen Gola Ps- Brahampur Dist-
Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Yadav
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
======================================================
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 41, 30(a)
and 37 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 4.800 liters of liquor from possession of Rahul and a
motorcycle was seized.
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.3227 of 2026(2) dt.28-01-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Rahul 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
Brahampur P.S. Case No. 490 of 2024 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
Patna High Court CR. MISC. No.3227 of 2026(2) dt.28-01-2026
3/3
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.
1500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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