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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Amit Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly possessing 30 litres of liquor recovered from a motorcycle he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused his vehicle. The State opposed the bail, contending that the seizure linked the petitioner to the offence. The Court considered the petitioner’s clean antecedent, the lack of direct possession, and the statutory provisions for anticipatory bail under Section 438(2) of the Criminal Procedure Code. It granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and a six‑week window for surrender, and directed the trial court to verify his antecedents before confirming the order. If any antecedent is found, the bail may be revoked; otherwise, it will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act, 2022.
  • Whether ownership of the vehicle from which liquor was recovered suffices to establish participation in the offence.
  • Whether the petitioner’s clean criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57088 of 2025
                   Arising Out of PS. Case No.-12 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Amit Kumar S/o Rajesh Prasad Yadav R/o Mohalla - Purab Bazar, Ward No.
                 19, P.S - Saharsa, Dist - Saharsa.
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar Sinha, Advocate
                 For the Opposite Party/s :      Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 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 the

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30 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.57088 of 2025(3) dt.05-01-2026
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          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged.

                       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.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 Saharsa

          Sadar P.S. Case No. 12 of 2025, subject to the conditions as laid

          down under Section 438 (2) of the Cr.P.C.

                       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 even 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 shall not be

          confirmed but if it is found on verification that petitioner is a
           Patna High Court CR. MISC. No.57088 of 2025(3) dt.05-01-2026
                                                       3/3




                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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