Patna High Court
Barun Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to the conditions prescribed under Section 482(2) of the B.N.S.S. and verification of his antecedents.
Summary
Barun Kumar Singh, the petitioner, feared arrest in a case alleging recovery of 240 litres of liquor from two motorcycles, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had a clean criminal record, was not in possession of the liquor, and was implicated merely because he owned one of the seized vehicles, claiming he was unaware of his friend's misuse of the vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 each with two sureties, and that the trial court verify his antecedents. If any prior case is found, the bail would be presumed concealed and the order would not be confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association, Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts of the case
- Whether ownership of a vehicle used in the alleged offence makes the owner liable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether Section 482(2) of the B.N.S.S. permits provisional anticipatory bail subject to verification of criminal antecedents
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4815 of 2026
Arising Out of PS. Case No.-252 Year-2024 Thana- RIVILGANJ District- Saran
======================================================
Barun Kumar Singh S/O Shivjee Singh R/O Vill- Harihansh near ( Yogi
Baba), P.O- Harihansh, P.S- Hussainganj, Distt.- Siwan, 841286.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 240 litres of liquor from two motorcycles. It is next
submitted that 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 one
of the seized vehicles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
Patna High Court CR. MISC. No.4815 of 2026(2) dt.31-01-2026
2/3
would get implicated. It is thus submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
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 Rivilganj
P.S. Case No.252/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.4815 of 2026(2) dt.31-01-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner,
based on instruction, submits that petitioner 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)
amit/-
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