Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Prem Kumar, the owner of a vehicle from which 25.92 litres of liquor was allegedly recovered, feared arrest under Sections 30(a), 41 and 56(b) of the Bihar Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that his driver misused the vehicle. The State opposed his request for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 and two sureties of the same amount, subject to verification of his criminal antecedent by the trial court. The order further stipulated that if any antecedent is discovered, the bail would be cancelled, whereas a clean record would lead to confirmation of the bail. The decision was based on the principles of Section 482(2) of the BNSS and the facts that ownership alone does not prove culpability.
Issues considered
- Whether anticipatory bail can be granted to the vehicle owner accused under the Bihar Excise Act for alleged possession of liquor.
- Whether ownership of the vehicle suffices to establish participation in the offence.
- Whether the conditions imposed under Section 482(2) of the BNSS are satisfied.
Legislation cited
- Bihar Excise Act — s. 30(a), 41, 56(b)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession of liquor
- vehicle ownership
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46414 of 2026
Arising Out of PS. Case No.-1610 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Prem Kumar Son of Ram Prasad Sah Resident of Sabji Mandi, Nawal Kishore
Road, P.S.- Kadamkuan, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Surbhin Nirmal, Adv
Mr.Aryan Singh
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-07-2026 1. Heard learned counsel for the petitioner, Ms.
Surbhin Nirmal 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), 41
and 56(b) 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 25.92 litres of liquor from a toto 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
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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 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 (Patna) P.S. Case No. 1610 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
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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)
Sumit/-
U T
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