Patna High Court
Jay 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 specified conditions and verification of his antecedent.
Summary
The petitioner, Jay Kumar, was implicated in a case (PS Case No. 127 of 2022) for alleged contravention of Section 30(a) of the Bihar Excise Act involving the recovery of 45 litres of liquor from a motorcycle he owned. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that another individual, Dilkhush, misused his vehicle. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties, a requirement to deposit Rs. 1,500 with the Advocates’ Association, and a condition that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of liquor from his vehicle.
- Whether ownership of the vehicle alone suffices to implicate the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of knowledge of the alleged misuse justify granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- vehicle ownership
- clean antecedent
- Section 482
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4084 of 2026
Arising Out of PS. Case No.-127 Year-2022 Thana- CHORAUT District- Sitamarhi
======================================================
Jay Kumar S/O Rambriksh Rai @ Ramjas Ray Resident of Village- Kushail,
P.S.- Pupari, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 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 45 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.4084 of 2026(2) dt.29-01-2026
2/3
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Dilkhush 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 Choraut
P.S. Case No. 127 of 2022 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.4084 of 2026(2) dt.29-01-2026
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.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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