Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court provisionally granted anticipatory bail to the petitioner, subject to verification of his criminal antecedents.
Summary
The petitioner, Ravi Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, for alleged recovery of liquor from a truck and a car. He argued that he had no prior criminal record, was not arrested at the scene, and was not the owner of the truck, only the car, and that his driver acted without his knowledge. The State opposed his request for anticipatory bail. The court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and subject to verification of his criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s alleged lack of ownership of the seized truck and the driver’s independent actions negate criminal liability
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37127 of 2026
Arising Out of PS. Case No.-360 Year-2021 Thana- BIDUPUR District- Vaishali
======================================================
Ravi Kumar S/o Sanjeet Singh @ Sanjeet Kumar R/o Village - Kanchanpur,
Ward no. 03, PS - Bidupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar
For the Opposite Party/s : Ms. Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 offence punishable under Section 30(a) 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 69.12 litres of liquor from a truck and 82.965 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 is not the owner of the seized truck
and he came to be implicated based on the fact that he is owner
of the seized car. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
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thus would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his driver would misuse his vehicle in
the manner as alleged who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Bidupur P.S. Case No.360/2021, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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