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Patna High Court

Krishna Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U        T


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