Patna High Court
Bijendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Bijendra Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended in 2022), for alleged recovery of 69.84 litres of liquor from an E‑rickshaw he owned. He argued that he was not in possession of the liquor, was unaware that Vijay Kumar misused his vehicle, and that ownership alone should not create evidence against him. The State opposed his anticipatory bail application. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the CrPC, directing verification of his criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent exists, the bail would be confirmed. The petitioner also agreed to deposit Rs.2,500 with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail should be granted when the alleged contravention involves liquor recovered from a vehicle owned by the petitioner but not in his conscious possession.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amendment Act, 2022) justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal antecedent
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5545 of 2026
Arising Out of PS. Case No.-774 Year-2025 Thana- GARKHA District- Saran
======================================================
Bijendra Kumar Son of Baijnath Ray Resident of village - Dahiyawan Dih,
Police Station - Town Thana Chapra, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shrinath Manjhi, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016/Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 69.84 litres of liquor from an E-rickshsaw. 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
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
Patna High Court CR. MISC. No.5545 of 2026(2) dt.03-02-2026
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implicated. It is also submitted that petitioner was completely
unaware that Vijay Kumar would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot
along with Hritik Kumar.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Special Judge
Excise-1st, Saran at Chapra in connection with Garkha P.S. Case
No.774 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.5545 of 2026(2) dt.03-02-2026
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obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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