Patna High Court
Raghvendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of his antecedents.
Summary
The petitioner, Raghvendra Kumar, was implicated in a case involving the seizure of 1,030 litres of liquor from seven motorcycles, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed he owned only one of the motorcycles and had no knowledge of its misuse, asserting a clean criminal record and that no liquor was found in his possession. The State opposed his request for anticipatory bail. The Court, after considering the petitioner's clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a modest bond and two sureties, with the trial court to verify his antecedents. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and could be revoked; otherwise, it would be confirmed. The decision rests on the principles of Section 482(2) of the B.N.S.S. allowing the High Court to intervene to prevent abuse of the judicial process.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. (Bihar) — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37357 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- Gurupa District- Gaya
======================================================
Raghvendra Kumar S/o Ramnandan Prasad R/o Vill- Ghanshyam Bigha, PS-
Hulasganj, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
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 connection
with Gurupa P.S. Case No.151 of 2025, registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1030 litres of liquor from seven different
motorcycles. 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 one of the seized motorcycle. 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 implicated. It is also
Patna High Court CR. MISC. No.37357 of 2026(2) dt.16-06-2026
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submitted that the petitioner was completely unaware that his
friend would misuse his vehicle in the manner as alleged who
also fled from the spot. It is also submitted that petitioner is a
B.Ed., S.T.E.T. and C.T.E.T. qualified person and if in the nature
of allegation as alleged the petitioner is sent to judicial custody,
his entire career would get jeopardized.
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 Gurupa P.S. Case No.151/2025, 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
Patna High Court CR. MISC. No.37357 of 2026(2) dt.16-06-2026
3/3
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.
(Satyavrat Verma, J)
amit/-
U T
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