Patna High Court
Gaurav Kumar Kejriwal @ Gaurav Kumar Kejariwal @ Gaurav KejriwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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 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
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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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