Patna High Court
Ammpu Kumar @ Ampu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated conditions.
Summary
Ampu Kumar, owner of an Eco Sports car, was implicated in the recovery of 119.280 litres of liquor allegedly seized from his vehicle, leading to charges under Sections 30(a) and 32(3) of the Bihar Excise Act. He sought anticipatory bail, arguing that he was not present at the spot, had no conscious possession of the liquor, and was unaware that his driver misused the vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent. If the petitioner is found to have more than four prior cases, the bail will not be confirmed; if he has only four, the provisional order will be confirmed. The order was made under the inherent powers of the Court under Section 482(2) of the CrPC.
Issues considered
- Whether ownership of a vehicle used in the commission of an offence disqualifies the owner from obtaining anticipatory bail.
- Whether the petitioner’s prior criminal antecedent (more than four cases) affects the grant of anticipatory bail.
- Whether the offences under Sections 30(a) and 32(3) of the Bihar Excise Act justify denial of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- criminal antecedent
- Section 482
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42965 of 2026
Arising Out of PS. Case No.-597 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
Ammpu Kumar @ Ampu Kumar Son of Mithlesh Singh @ Mithalesh Singh
Resident of village- Mani Chak, P.S- Islampur, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Chandra
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of
119.280 liters of liquor from an Eco Sports car.
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
Patna High Court CR. MISC. No.42965 of 2026(2) dt.02-07-2026
2/3
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 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.
20000/- (Rupees Twenty Thousand) 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 Gaya
Excise Sadar P.S. Case No.597 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 more
than four cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.42965 of 2026(2) dt.02-07-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.