Patna High Court
Jai Kishun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Jai Kishun Kumar, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for allegedly recovering 15 litres of liquor from his motorcycle. He argued that he had a clean antecedent, the liquor was not found in his possession, and he was implicated merely because he owned the vehicle, which his nephew allegedly misused. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and a six‑week window for surrender before the trial court. The order conditions that the trial court verify the petitioner’s antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether ownership of the vehicle, without possession of the contraband, suffices for arrest
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40618 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- Benibad District- Muzaffarpur
======================================================
Jai Kishun Kumar S/O Yugeshwar Mahto R/O Village-Janta Pachhiyari Dih,
PS- Benibad, Distt- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-06-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 15 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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.40618 of 2026(2) dt.24-06-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his nephew, Manoj, would misuse the vehicle in the manner as
alleged who was also apprehended 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 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.
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 Benibad
P.S. Case No. 164 of 2025 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
Patna High Court CR. MISC. No.40618 of 2026(2) dt.24-06-2026
3/3
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)
Rishabh/-
U T
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