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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to specified conditions.

Summary

Kundan Kumar, the owner of a vehicle from which 1.95 litres of liquor was recovered, was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He applied for anticipatory bail, contending that he had no knowledge of the liquor being in his car and that he had a clean antecedent. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail‑bond of Rs 500 with two sureties and deposit Rs 1,500 with the Advocates’ Association, subject to verification of his criminal antecedent. The order also stipulated that if any prior case is discovered, the bail would be cancelled; otherwise it would be confirmed. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the recovery of liquor from his vehicle.
  • Whether the petitioner’s lack of possession and clean antecedent justify the grant of bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3550 of 2026
                       Arising Out of PS. Case No.-1417 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Kundan Kumar Son of Ashok Yadav Resident of Village - Sundar Kumahari,
                 P.S.- Barachatti, Distt.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 32(3) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1.95 litres of liquor from a car. 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

                   vehcle. 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.3550 of 2026(2) dt.29-01-2026
                                            2/3




          implicated. It is also submitted that petitioner was completely

          unaware that Vicky Kumar would misuse the vehicle in the

          manner as alleged, who was also apprehended from the spot.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.-3, Gaya in connection with Excise P.S. Case

          No.1417 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner 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 obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.3550 of 2026(2) dt.29-01-2026
                                                           3/3




                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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