Patna High Court
Nagmani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to verification of antecedents and compliance with conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Nagmani Kumar, sought anticipatory bail after a police case (PS Case No. 116 of 2021) alleged that 11.7 litres of liquor were recovered from a motorcycle he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused the vehicle. The State opposed the bail, contending that the seizure implicated the petitioner. The High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditions under Section 482(2) of the CrPC, pending verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act where liquor was recovered from a vehicle he owned but not from his conscious possession.
- Whether ownership of the vehicle alone suffices to implicate the petitioner in the offence.
- Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail subject to verification.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- vehicle ownership
- liquor seizure
- clean antecedent
- Section 30(a) Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38051 of 2026
Arising Out of PS. Case No.-116 Year-2021 Thana- DINARA District- Rohtas
======================================================
Nagmani Kumar S/o Gupteshwar Chaudhary Resident of Village -
Sundarwan, P.S. - Dinara, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwari
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 11.7 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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 the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.38051 of 2026(2) dt.29-06-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot.
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, 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 Dinara P.S. Case No. 116 of 2021, subject to
the conditions as laid down under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.38051 of 2026(2) dt.29-06-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
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