Patna High Court
Uma Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his criminal antecedents and compliance with bail conditions.
Summary
The petitioner, Uma Shankar Prasad, was implicated in a case alleging recovery of 180 litres of liquor from his vehicle, violating Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016-18-22. He sought anticipatory bail, arguing he had a clean antecedent and was unaware that his vehicle would be misused by another individual, Bablu, who was arrested at the scene. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify the petitioner's criminal antecedents. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed. The order is subject to the conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016-18-22.
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.
- Whether the petitioner's alleged clean antecedent warrants provisional anticipatory bail pending verification.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48551 of 2025
Arising Out of PS. Case No.-237 Year-2018 Thana- SINGHWARA District- Darbhanga
======================================================
Uma Shankar Prasad S/o Bhagwati Charan Prasad R/o Village- Kali Mandir,
Kali Nagar, Bargawan, P.S.- Bargaon, District- Ranchi (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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, 2016-18-22.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 180 litres of liquor from a car. 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 the seized
vehicle. 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 would get implicated.
Patna High Court CR. MISC. No.48551 of 2025(2) dt.21-01-2026
2/3
It is thus submitted that the petitioner was completely unaware
that Bablu would misuse his vehicle in the manner as alleged,
who was also apprehended from the spot along with three
named accused persons.
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
Singhwara P.S. Case No.237/2018, 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
Patna High Court CR. MISC. No.48551 of 2025(2) dt.21-01-2026
3/3
on verification 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)
amit/-
U T
Checking your session…