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Patna High Court

Randheer Kumar @ Randhir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Randheer Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act after 991.7 litres of liquor were recovered from a tractor and an Ertiga car he owned. He contended that he had no knowledge of the driver’s alleged misuse of the vehicles and that no liquor was found in his personal possession, emphasizing his clean criminal record. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs. 500 with two sureties and subject to verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, but if his clean record is confirmed, the bail would be affirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of seized liquor.
  • Whether ownership of the vehicle used in the alleged offence suffices to establish culpability for anticipatory bail considerations.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • excise law
  • seizure of liquor
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.44590 of 2026
                          Arising Out of PS. Case No.-133 Year-2026 Thana- MANER District- Patna
                 ======================================================
                 Randheer Kumar @ Randhir Kumar S/o Naga Paswan R/o Village - Chhata,
                 PS - Masaurhi, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Eashita Raj
                 For the Opposite Party/s :         Mr. Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                   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 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 991.7 liters of liquor from a tractor and an Ertiga

                   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 car. It

                   is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.44590 of 2026(2) dt.03-07-2026
                                            2/3




          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.

          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 Maner

          P.S. Case No. 133 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 anticipatory bail order shall not be
            Patna High Court CR. MISC. No.44590 of 2026(2) dt.03-07-2026
                                                        3/3




                      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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