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Patna High Court

Arjun BindversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Arjun Bind was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly transporting 30 litres of liquor in a motorcycle he owned. He argued that he was not arrested on the spot, the liquor was not found in his possession, and he was unaware that the vehicle would be used for the alleged offence. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 5,000 with two sureties and appear before the trial court within six weeks. The court further directed that the trial court verify the petitioner’s criminal antecedent, and if more than one prior case is found, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged ownership of the vehicle used in the offence.
  • Whether the petitioner’s lack of possession of the liquor and claim of ignorance of its misuse affect the grant of anticipatory bail.
  • Whether the petitioner’s criminal antecedent influences the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45887 of 2026
                        Arising Out of PS. Case No.-74 Year-2026 Thana- CHENARI District- Rohtas
                 ======================================================
                 Arjun Bind Son of Murali Bind @ Murari Bind Resident of Village- Salthuan,
                 P.O.- Dumri, P.S.- Chenari, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Babu Nandan Prasad
                 For the Opposite Party/s :        Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026                    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 the

                   petitioner has antecedent of one case and allegation is of

                   recovery of 30 litres of liquor from a motorcycle.

                             4.        Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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.45887 of 2026(2) dt.09-07-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Krishna would misuse the vehicle in the manner as alleged.

                   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. 5,000/- (Rupees

          Five 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 Chenari P.S. Case No.

          74 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 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

          confirmed, but after verification if it is found that petitioner has

          antecedent of one case in that event the provisional anticipatory
              Patna High Court CR. MISC. No.45887 of 2026(2) dt.09-07-2026
                                                          3/3




                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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