Patna High Court

Bharat SinghversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

Bharat Singh, the owner of a motorcycle from which 35 litres of liquor were allegedly recovered, feared arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that he was not present at the spot, no liquor was found in his possession, and he was unaware that a friend misused his vehicle. The petitioner sought anticipatory bail, arguing that ownership of the vehicle alone should not create criminal liability. The State opposed the bail. The court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents, with the bail to be confirmed only if he has at most one prior case.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether ownership of the vehicle used in the alleged offence suffices to establish culpability.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
vehicle ownership
excise law
Section 30(a)
Section 482(2)
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58495 of 2025
                     Arising Out of PS. Case No.-89 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Bharat Singh S/O Jagdish Singh R/O Village-Asani, PS-Udwantnagar, Distt-
                 Bhojpur(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal
                 ======================================================
                 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 (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 35 litres of liquor from a motorcycle.

                   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
Patna High Court CR. MISC. No.58495 of 2025(3) dt.06-01-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged.

                       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.5000/- (Rupees five thousand) 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

          Jagdishpur P.S. Case No.89/2025, 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 more than

          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 has antecedent of one
             Patna High Court CR. MISC. No.58495 of 2025(3) dt.06-01-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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