Patna High Court

Ritesh KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedents.

Summary

The petitioner, Ritesh Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 21 litres of liquor from a vehicle he owned. He argued that he had no conscious possession of the liquor, had a clean antecedent, and was unaware that another person, Abhishek, misused his vehicle. The State opposed the grant of anticipatory bail. The Court, considering the petitioner’s clean record and lack of direct involvement, ordered provisional anticipatory bail subject to a modest bail bond and two sureties, and directed the trial court to verify his antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the petitioner’s ownership of the vehicle, without conscious possession of the liquor, disqualifies him from arrest.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
possession
vehicle owner
liquor seizure
Section 30
Section 482
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56742 of 2025
                       Arising Out of PS. Case No.-426 Year-2024 Thana- DIGHWARA District- Saran
                 ======================================================
                 Ritesh Kumar S/o- Diwakar Singh Village- Mahadali Chak Po- Gopalpur Ps-
                 Nayagaon Dist- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shweta Anand
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026                  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 Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 21 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.56742 of 2025(3) dt.05-01-2026
                                            2/3




          It is also submitted that the petitioner was completely unaware

          that Abhishek would misuse his vehicle in the manner as alleged

          who was also apprehended 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 Dighwara

          P.S. Case No.426/2024, 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.56742 of 2025(3) dt.05-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

Continue reading with your account

Checking your session…