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Patna High Court

Amit RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail, conditioning its confirmation on verification of the petitioner’s clean antecedent.

Summary

The petitioner, Amit Ranjan, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act alleging that 4.410 litres of liquor were recovered from his pickup vehicle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his driver misused the vehicle. The State opposed the bail, contending that the vehicle was used for the offence. The court, after considering the submissions, ordered provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents. It further directed that if any antecedent is found, the bail would not be confirmed; otherwise, the bail would be confirmed forthwith. The order was made under Section 482(2) of the Bihar Negotiable... (B.N.S.S.) provisions.

Issues considered

  • Whether anticipatory bail is appropriate when the accused is alleged owner of a vehicle used in the commission of an offence under the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the trial court must verify the petitioner’s criminal antecedents before confirming the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • vehicle seizure
  • clean antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33604 of 2026
                       Arising Out of PS. Case No.-36 Year-2026 Thana- GADHA District- Sitamarhi
                 ======================================================
                 Amit Ranjan S/o Jibachh Mahto R/o Village - Bhanaspatti Rampur, PS -
                 Saidpur Runi, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 4.410 litres of liquor from a pick up vehicle. It is

                   next submitted that 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 his own vehicle for committing an occurrence and

                   thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.33604 of 2026(2) dt.14-05-2026
                                            2/3




          implicated. It is also submitted that the petitioner was

          completely unaware that Rohit would misuse his vehicle in the

          manner as alleged who was also apprehended from the spot

          along with Manjit.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Gadha P.S. Case No.36/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.33604 of 2026(2) dt.14-05-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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