Patna High Court
Raghunath SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Raghunath Sah, was implicated in the seizure of 842.760 litres of liquor from a Bolero pick‑up vehicle he owned, although he was not present at the spot and no liquor was found in his immediate possession. He argued that he was unaware of the vehicle’s misuse by another individual and that ownership alone should not constitute evidence of his participation. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, pending verification of his criminal antecedents. The order further required the petitioner to deposit Rs.5,000 with the Patna High Court Advocate Association within two weeks. The provisional bail will be confirmed if the petitioner is found to have only two prior cases, otherwise it may be withdrawn.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in actual possession of the contraband seized from his vehicle.
- Whether mere ownership of a vehicle used in the alleged offence is sufficient ground for arrest and denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- vehicle ownership
- criminal antecedent
- Cr.P.C. 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3803 of 2026
Arising Out of PS. Case No.-184 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Purnia
======================================================
Raghunath Sah S/o Lal Sah R/o Village - Kharka, Ward No. 13, @ Kharka
Basant Ward No. 13, P.S.- Nanpur, Dist. - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 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 the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 842.760 litres of liquor from a
Bolero Pick-Up.
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
Patna High Court CR. MISC. No.3803 of 2026(2) dt.30-01-2026
2/3
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 submitted that petitioner was
completely unaware that Manish Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot along with Md. Kalam.
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 for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) 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 Purnea
Excise P.S. Case No. 184 of 2021, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. 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 more than two cases,
Patna High Court CR. MISC. No.3803 of 2026(2) dt.30-01-2026
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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
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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