Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to specified conditions and verification of his antecedent record.
Summary
The petitioner, Aman Kumar, sought anticipatory bail fearing arrest in a case registered under IPC sections 188, 290, 414 and 120B and Section 30(a) of the Bihar Excise Act concerning the seizure of 587.52 litres of liquor, part of which was recovered from his motorcycle and car. He argued that he was not in actual possession of the liquor and was unaware that his vehicle would be misused by another individual. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and a condition that the petitioner deposit Rs 2,500 with the Advocates’ Association, pending verification of his criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed, but if only two are found, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of liquor and the offences charged.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 120B, 188, 290, 414
Subjects
- anticipatory bail
- liquor seizure
- IPC
- Bihar Excise Act
- criminal antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64162 of 2024
Arising Out of PS. Case No.-87 Year-2022 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Aman Kumar Son of Surendra Singh Village -Mohanpur, Ward No.1 Near
Panchayat Bhawab, P.S -Muffasil, District. -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 31-01-2026 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 offences punishable under Sections 188, 290,
414 and 120B of IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 587.52 litres of liquor out of which 45 litres of
liquor was recovered from a car, 9 litres of liquor from a
motorcycle and 533.52 litres of liquor from a place behind the
house of Gopal Chaudhary.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.64162 of 2024(6) dt.31-01-2026
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recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
motorcycle. 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, it is further submitted that petitioner was completely
unaware that Krishna Chandra Mishra would misuse the vehicle
in the manner as alleged, who was also apprehneded from the
spot.
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, 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. 10,000/- (Rupees
Ten 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 Naokothi (Nowkothi)
P.S. Case No. 87 of 2022, subject to the conditions as laid down
under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
Patna High Court CR. MISC. No.64162 of 2024(6) dt.31-01-2026
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event if it is found that petitioner has antecedent of more than two
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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