Patna High Court
Biranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Biranjan Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 51.120 litres of liquor from a scooty he owned. The petitioner's counsel admitted a mistake in the original bail application regarding ownership of the scooty and requested permission to correct it, which the court granted. The State opposed the bail, arguing the petitioner’s involvement. The court directed that, if arrested or surrendered within six weeks, the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation. The petitioner also undertook to deposit Rs.2,500 with the Advocates’ Association, Patna High Court.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is the owner of the vehicle from which contraband was recovered.
- Whether a misstatement in the anticipatory bail application regarding ownership can be rectified.
- Whether the petitioner’s criminal antecedent, specifically having more than one prior case, affects the confirmation of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- Section 30(a)
- Bihar Prohibition and Excise Act
- ownership of vehicle
- criminal antecedent
- provisional bail
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6642 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- NEORA District- Patna
======================================================
Biranjan Kumar S/O Lalan Prasad R/O Village - Basaudha, P.O- Sadisopur,
P.S- Neora, District- Patna 8000111
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Saurav, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner, at the outset,
submits that inadvertently at para-8 of the anticipatory bail
application, it has been pleaded that petitioner is not the owner
of the seized Scooty when he is the owner of the seized Scooty
thus, seeks permission to make the said rectification in para-8 of
the anticipatory bail application.
3. Permission is accorded.
4. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
5. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
Patna High Court CR. MISC. No.6642 of 2026(2) dt.04-02-2026
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recovery of 51.120 litres of liquor from a Scooty. 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
seized Scooty. 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 also submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged, who also fled from the spot.
6. Learned A.P.P. opposes the anticipatory bail
application.
7. 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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, Excise Act, Danapur in connection with Neora
P.S. Case No.181 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.6642 of 2026(2) dt.04-02-2026
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8. The application stands allowed.
9. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
10. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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