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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Anil Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 108 litres of liquor from his auto. He contended that he had no knowledge of the liquor being in the vehicle, that the driver acted independently, and that he possessed a clean criminal record. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and appear before the trial court within six weeks. The order also stipulated that the trial court verify the petitioner’s antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed immediately. The decision was based on the inherent powers of the High Court under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • vehicle owner liability
  • clean antecedent
  • Section 482(2) BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42155 of 2026
                   Arising Out of PS. Case No.-359 Year-2024 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
                 Anil Kumar S/o Jita Singh Resident of Village- Maharo, P.S.- Mohania,
                 District- Kaimur at Bhabua

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 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 108 liters of liquor from an Auto.

                                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.42155 of 2026(2) dt.30-06-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his driver would misuse the vehicle in the manner as alleged

          who also fled 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 Kudra

          P.S. Case No. 359 of 2024 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.42155 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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