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Patna High Court

Raghvendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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