Patna High Court
Kshitij Kumar @ Kshitu 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 criminal antecedent.
Summary
The petitioner, Kshitij Kumar, was implicated in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 67.695 litres of liquor in a Wagon R vehicle he owned. He argued that he had no conscious possession of the liquor, that the vehicle was misused by his relative, and that he has a clean criminal record. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., subject to a bail bond of Rs 500 and two sureties, and ordered verification of the petitioner’s antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed. The order is conditional and remains subject to the trial court’s verification.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. in view of the alleged possession of liquor.
- Whether ownership of the vehicle, without conscious possession of the contraband, suffices to justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- possession of liquor
- vehicle ownership
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41764 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Kshitij Kumar @ Kshitu Kumar Son of Shankar Prasad Gupta Resident of
Village- Badua, P.O.- Malwar, P.S.- Sheosagar, District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P.
======================================================
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 Sections 30(a),
32(i) & (iii) and 41(i) & (ii) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 67.695 litres of liquor from a Wagon R Car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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
Patna High Court CR. MISC. No.41764 of 2026(2) dt.30-06-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that his relative, namely, Dravin Kumar
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 appearing on behalf of the petitioner, let 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 Bhabua Excise
P.S. Case No. 95 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.41764 of 2026(2) dt.30-06-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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