Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Raushan Kumar, was implicated in a case under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act for the alleged recovery of 12 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in conscious possession of the liquor, and was unaware that another person, Deepak Kumar, misused his vehicle. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent. If any antecedent is found, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
- Whether ownership of the vehicle used in the alleged offence suffices to attract criminal liability.
- Whether lack of conscious possession of the liquor negates the offences under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- vehicle ownership
- criminal antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36974 of 2026
Arising Out of PS. Case No.-3908 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Raushan Kumar S/O Mahesh Sharma @ Mahesh Kumar Resident of Village-
New Jaganpura, P.S- Ram Krishnanagar, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, A.P.P.
======================================================
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 Sections 30(a), 41
and 56(b) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 12 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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 create evidence against himself and, hence,
Patna High Court CR. MISC. No.36974 of 2026(2) dt.16-06-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Deepak Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
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 appearing on behalf of the petitioner, let 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 Patna Excise P.S.
Case No. 3908 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.36974 of 2026(2) dt.16-06-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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