Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Excise Act for the alleged recovery of 125 litres of liquor from a motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and the seized liquor was not in his conscious possession nor was he the owner of the vehicle. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
- Whether the petitioner’s clean antecedent and lack of possession of the seized liquor justify the grant of anticipatory bail?
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Substances and Substances (BNSS) (presumed) — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- clean antecedent
- seizure without possession
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39012 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- MEHSI District- East Champaran
======================================================
Ravi Kumar Son of Binod Sahani @ Binod Sahni Resident of Village- Chota
Baishaha (Baisaha), P.S.- Chakia, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 125 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 is not the owner of the
seized vehicle and he came to be implicated based on secret
information which is the easiest way to implicate someone without
holding a proper investigation when petitioner admittedly is a person
with clean antecedent.
Patna High Court CR. MISC. No.39012 of 2026(2) dt.22-06-2026
2/2
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 Mehsi P.S. Case
No. 28 of 2026, 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 anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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