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Patna High Court

Naresh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.340 of 2026(2) dt.15-01-2026
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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
                                                          3/3




                        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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