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Patna High Court

Ashok Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties, and verification of antecedent cases.

Summary

The petitioner, Ashok Kumar Singh, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018/2022 for alleged recovery of 20 litres of liquor from a motorcycle he owned. He argued that he was not in possession of the liquor, was unaware of the police officer's misuse of his vehicle, and that ownership alone should not constitute evidence of guilt. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and a deposit of Rs.2,500 to the Advocate Association, subject to verification of the petitioner’s criminal antecedents within six weeks. If more than one antecedent case is found, the bail may be revoked; if only one, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether mere ownership of the vehicle used in the alleged offence justifies arrest and denial of bail.
  • How the petitioner’s prior criminal antecedents affect the grant and confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent
  • Section 438 CrPC
  • Section 482 BNSS
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5607 of 2026
                      Arising Out of PS. Case No.-95 Year-2025 Thana- AYARKOTHA District- Rohtas
                 ======================================================
                 Ashok Kumar Singh S/o Daroga Singh R/o Village - Bisaini Kala, P.S -
                 Rajpur, District - Rohtas at Sasaram
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chhote Lal Mishra, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2018/2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 20 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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
Patna High Court CR. MISC. No.5607 of 2026(2) dt.03-02-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that Sipahi would misuse the vehicle in the

          manner as alleged who was also apprehended 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, let 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.5,000/- (Rupees Five 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

          Ayarkothan P.S. Case No. 95 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.5607 of 2026(2) dt.03-02-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification 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.2,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.

                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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