Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court provisionally granted anticipatory bail with conditions, pending verification of the petitioner’s antecedent record.
Summary
The petitioner, Gaurav Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 7.250 litres of liquor from a scooter he owned. He argued that the liquor was not in his conscious possession and that he was unaware of his friend's misuse of the vehicle. The petitioner, who has two prior excise cases, sought anticipatory bail, while the State opposed the relief. The High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and deposit Rs.2,500 with the Lawyers’ Association, subject to verification of his criminal antecedents. The court stipulated that if more than two prior cases are discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case where the accused is the owner of the vehicle from which liquor was seized?
- Whether the petitioner’s prior two excise cases preclude the grant of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- vehicle ownership
- prior convictions
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5495 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Gaurav Kumar S/o- Bipin Prasad Resident of village-Sarbahdi, Post office-
Sarbahdi , Police Station-Manpur, District-Nalanda Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aklavya Chandan Kumar
For the Opposite Party/s : Ms. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 7.250 liters of liquor from a Scooty.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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.5495 of 2026(2) dt.02-02-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend 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 Manpur
P.S. Case No. 41 of 2025 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
Patna High Court CR. MISC. No.5495 of 2026(2) dt.02-02-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Lawyers’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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