Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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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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