Patna High Court
Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Roushan Kumar, sought anticipatory bail after being implicated in an excise case involving the alleged recovery of 518,400 litres of liquor from a vehicle he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of arrest, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail, contending that the offences under the Bihar Excise Act were serious. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond and two sureties, and directed the trial court to verify the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification. The decision was based on the court’s discretion under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in actual possession of the seized liquor
- Whether ownership of the vehicle used in the alleged offence is sufficient ground for arrest
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a), 32(i)(iii), 41(i)(ii)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45910 of 2026
Arising Out of PS. Case No.-150 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Roushan Kumar S/o Jitendra Kumar R/o Vill - Ward No. 6, Nagar Nousa, P.S
- Nagar Nausa, Dist.- Nalanda Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarfraz Ahmad
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
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 Sections 30(a),
32(i)(iii) and 41(i)(ii) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 518.400 litres of liquor from a car.
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.45910 of 2026(2) dt.09-07-2026
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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 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 Excise P.S. Case No. 150 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
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.45910 of 2026(2) dt.09-07-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
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