Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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