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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bail bonds, sureties, and verification of his criminal antecedent.

Summary

Petitioner Pintu Kumar was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 7.5 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that a friend misused his vehicle. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The petitioner was also directed to deposit a specified amount with the Advocates’ Association.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of liquor in a vehicle he owned.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • vehicle ownership
  • clean antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4563 of 2026
                     Arising Out of PS. Case No.-1470 Year-2025 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Pintu Kumar S/o- Vikaram Baitha Village- Lalbandi Ward No.1, P.S.
                 Sonbarsa, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Krishna Murari, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 7.5 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

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.4563 of 2026(2) dt.31-01-2026
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          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 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 Sitamarhi

          Excise P.S. Case No. 1470 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
            Patna High Court CR. MISC. No.4563 of 2026(2) dt.31-01-2026
                                                        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.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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