Patna High Court
Krishna Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.
Summary
Krishna Kumar Gupta, the owner of a vehicle from which 18 litres of liquor was seized, applied for anticipatory bail, asserting he had a clean criminal record and was unaware that his driver Sonu misused the vehicle. The prosecution alleged that the liquor was recovered from his car, implicating him under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he was not in possession of the liquor and that a prudent person would not use his own vehicle to commit the offence. The court considered the petitioner's clean antecedent and the lack of direct possession, and granted provisional anticipatory bail subject to a modest bond and two sureties, with a condition that the trial court verify his antecedents. If any prior case is found, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the vehicle owner under Section 30(a) of the Bihar Prohibition and Excise Act when the seized liquor was not in his conscious possession.
- Whether the conditions imposed under Section 482(2) of the Code of Criminal Procedure are appropriate for provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- possession
- vehicle owner
- liquor seizure
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58354 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Krishna Kumar Gupta S/o Dinesh Prasad Gupta Resident of Village- Laheri,
PS- Kochas, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Niharika Rani, Adv.
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 18 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.58354 of 2025(3) dt.06-01-2026
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It is also submitted that the petitioner was completely unaware
that Sonu 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 Sasaram
Excise P.S. Case No.162/2025, 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.58354 of 2025(3) dt.06-01-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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