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Patna High Court

ChhotelalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with bail conditions.

Summary

The petitioner, Chhotelal, owner of a Bolero vehicle, was implicated in the recovery of 993.6 litres of liquor alleged to be in his vehicle, leading to a case under Section 30(a) of the Bihar Excise Act. He applied for anticipatory bail, arguing that he was not in possession of the liquor, was unaware of the driver’s alleged misuse of the vehicle, and that ownership alone should not create criminal liability. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent within six weeks. The Court stipulated that if more than two prior cases are found, the bail would be presumed concealed and the order would not be confirmed; if only two cases are found, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
  • Whether ownership of the vehicle in which liquor was recovered is sufficient to attract criminal liability
  • Whether the petitioner’s alleged lack of knowledge and non-possession of the seized liquor affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45899 of 2026
                        Arising Out of PS. Case No.-89 Year-2025 Thana- GUTHANI District- Siwan
                 ======================================================
                 Chhotelal S/O Suryanath Yadav Resident Of Village- Barthi Parasiya
                 Chanduwar, P.s.- Khukhundu, Dist.- Deoria, U.P.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Tiwary
                 For the Opposite Party/s :       Mr.Shailendra Kumar
                 ======================================================
                 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 two cases under the Excise Act and

                   allegation is of recovery of 993.600 litres of liquor from a

                   Bolero vehicle.

                             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
Patna High Court CR. MISC. No.45899 of 2026(2) dt.09-07-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further 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. 10,000/- (Rupees

          Ten 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 Gutani P.S. Case No.

          89 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 two

          cases 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.45899 of 2026(2) dt.09-07-2026
                                                          3/3




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

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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