Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Petitioner Rahul Kumar, owner of a Toto vehicle, feared arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 59.5 litres of liquor. He argued that he had no conscious possession of the liquor and was unaware that a person named Ranjan misused his vehicle. The petitioner, who has a clean antecedent, sought anticipatory bail. 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 period for surrender, and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith.
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 and lack of conscious possession of the seized liquor negate the basis for arrest.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41552 of 2026
Arising Out of PS. Case No.-621 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Rahul Kumar Son of Rajendra Das Resident of Mohalla Near S.M. College
Makbara, Police Station - Barari, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 59.5 liters of liquor from a Toto vehicle.
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.41552 of 2026(2) dt.30-06-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Ranjan 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 Excise
(Sadar) P.S. Case No. 621 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
Patna High Court CR. MISC. No.41552 of 2026(2) dt.30-06-2026
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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