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Patna High Court

Lakshman KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Lakshman Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 48 litres of liquor from an e‑rickshaw that he owned. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his driver had misused the vehicle. The State opposed his application for anticipatory bail. The Court considered the submissions and, invoking Section 482(2) of the Bihar Non‑Compromise (BNSS) Act, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, with a six‑week window for surrender. The order further directed the trial court to verify the petitioner’s criminal antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The decision balances the presumption of innocence with the need to ensure the petitioner’s antecedent is clean before confirming bail.

Issues considered

  • Whether anticipatory bail can be granted when the accused is the owner of a vehicle from which contraband was seized but claims no conscious possession.
  • Whether a clean criminal antecedent is a prerequisite for confirming anticipatory bail under Section 482(2) of the BNSS.
  • Whether the provisions of Section 30(a) of the Bihar Excise Act justify denial of anticipatory bail in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • vehicle ownership
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36949 of 2026
                  Arising Out of PS. Case No.-168 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Lakshman Kumar S/o Lalbabu Ram Mohalla- Near Pani Tanki, Purvi
                 Dahiyawan, P.S.- Chapra Muffasil, District- Saran, Bihar- 841301

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Pallawi Kumari
                 For the Opposite Party/s :      Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026               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 Section 30(a) 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 48 litres of liquor from a e-rickshaw.

                             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 the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.36949 of 2026(2) dt.16-06-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver would misuse the vehicle in the manner as

          alleged, who fled from the spot.

                   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 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 Chapra Muffasil P.S. Case No. 168 of 2026

          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

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.36949 of 2026(2) dt.16-06-2026
                                                          3/3




                        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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