Patna High Court
Naresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted where the accused is not in actual possession of the liquor and ownership of the vehicle alone does not justify arrest, subject to verification of antecedents under Section 482(2) of the BNSS.
Summary
The petitioner, Naresh Kumar, was implicated in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for the alleged recovery of 31.875 litres of liquor from two motorcycles, one of which he owned. He argued that he had no conscious possession of the liquor and was unaware that his friend misused the vehicle. The State opposed his prayer for anticipatory bail. The Court granted provisional anticipatory bail, subject to the petitioner furnishing bail bonds and two sureties, and directed the trial court to verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in actual possession of the contraband.
- Whether ownership of a vehicle used in the alleged offence is sufficient ground for arrest.
- Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied for provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- ownership of vehicle
- liquor seizure
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.340 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Naresh Kumar Son of Nagina Rai @ Nagina Ray Resident of Village - Gahai,
P.S.- Dhaka, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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) and
41(1) 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 31.875 litres of liquor from two motorcycles.
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 one of the
seized motorcycles. It is next submitted that no prudent person
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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 his friend would misuse the vehicle in the manner
as alleged.
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
Ghorasahan P.S. Case No. 241 of 2025, 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.340 of 2026(2) dt.15-01-2026
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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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