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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.37127 of 2026(2) dt.29-06-2026
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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
             Patna High Court CR. MISC. No.37127 of 2026(2) dt.29-06-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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