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Patna High Court

Gaurav Kumar Kejriwal @ Gaurav Kumar Kejariwal @ Gaurav KejriwalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner may be released on provisional anticipatory bail subject to the stipulated conditions and verification of his antecedent.

Summary

The petitioner, Gaurav Kumar Kejriwal, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32(3) and 37 of the Bihar Excise Act for allegedly possessing 0.650 litres of liquor in his vehicle. He argued that he had a clean antecedent, was not in actual possession of the liquor, and was implicated only because he owned the vehicle, which was allegedly misused by another person. The State opposed the bail. The High Court, after considering the submissions, 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 antecedent. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs. 1,500 with the Advocates’ Association.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether ownership of the vehicle, without actual possession of the liquor, suffices to deny anticipatory bail.
  • Whether the petitioner’s alleged clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • vehicle ownership
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3276 of 2026
                    Arising Out of PS. Case No.-1493 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Gaurav Kumar Kejriwal @ Gaurav Kumar Kejariwal @ Gaurav Kejriwal Son
                 of Sajjan Kumar Kejriwal Resident of Ward No. 04, Ghoghardiha, VTC
                 Ghoghardiha, P.O.- Ghoghardiha, P.S.- Ghoghardiha, District- Madhubani,
                 Bihar- 847402

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Jha
                 For the Opposite Party/s :        Mr.Rajesh Kumar
                 ======================================================
                 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),

                   32(3) and 37 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 0.650 litres of liquor from 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

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.3276 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,

          it is further submitted that petitioner was completely unaware

          that Rajkumar would misuse the vehicle in the manner as

          alleged, who was also apprehended from the spot along with

          Raghuveer.

                   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

          Kishanganj Excise P.S. Case No. 1493 of 2023 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
              Patna High Court CR. MISC. No.3276 of 2026(2) dt.28-01-2026
                                                          3/3




                        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 submits that petitioner undertakes to deposit

                        an amount of Rs. 1,500/- with Advocates’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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