Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated bond and surety requirements.
Summary
Munna Kumar was implicated in a case (PS Case No.15 of 2025) for allegedly recovering ten litres of liquor from a motorcycle, attracting charges under Sections 281, 125(a) and 125(b) of the Bihar Narcotic Substances Act, 2023 read with Sections 30(a) and 41 of the Bihar Excise Act. The petitioner contended that he had a clean antecedent, that the liquor was not found in his conscious possession, and that he was merely the owner of the vehicle used by a friend who fled the scene. He applied for anticipatory bail, arguing that ownership of the vehicle alone should not render him culpable. The State opposed the bail on the ground of the seriousness of the offences. The Court granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify his antecedent within six weeks, after which the bail would be confirmed if he is found to have no prior cases.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest
- Whether the conditions imposed under Section 482(2) of the Bihar Narcotic Substances Act, 2023 are appropriate
Legislation cited
- Bihar Excise Act — s. 30(a), 41
- Bihar Narcotic Substances Act, 2023 — s. 125(a), 125(b), 281, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bihar Narcotic Substances Act
- Bihar Excise Act
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42538 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- RAMGARHWA District- East Champaran
======================================================
Munna Kumar Son of Hardev Prasad Resident of Village - Navada Fatuhan,
P.S. - Kotwa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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 281,
125(a) and 125(b) of the BNS, 2023 read with Sections 30(a)
and 41 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 10 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
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend 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
Ramgarhwa P.S. Case No. 15 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 anticipatory bail order shall not be
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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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