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Patna High Court

Raghunath SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The provisional bail will be confirmed if the petitioner is found to have only two prior cases, otherwise it may be withdrawn.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

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
                                                       3/3




                     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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