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Patna High Court

Anuj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to a bail‑bond, sureties and verification of the petitioner’s antecedent under Section 482(2) of the B.N.S.S.

Summary

Anuj Kumar, the owner of an E‑rickshaw from which 40.600 litres of liquor was seized, feared arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He argued that he had no conscious possession of the liquor, was not arrested at the spot, and was unaware that another person, Niraj Kumar, misused his vehicle. Claiming a clean criminal antecedent, he applied for anticipatory bail. The Patna High Court, after hearing both sides, granted provisional anticipatory bail on the condition that he furnish a bail‑bond of Rs.500 with two sureties and deposit Rs.1,500 with the Lawyers’ Association, subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
  • Whether ownership of the vehicle used in the alleged liquor seizure justifies arrest.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 32(3)
  • ownership of vehicle
  • clean antecedent
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6645 of 2026
                     Arising Out of PS. Case No.-977 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Anuj Kumar Son of Anil Kumar Bosak R/o Dilawarganj Ward no.10,
                 Kishanganj, P.S. - Kishanganj in the district of Kishanganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :         Mr. Syed Mojibur Rahman, 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. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 32(3) 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 40.600 litres of liquor from an E-rickshaw. 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 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.6645 of 2026(2) dt.04-02-2026
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          implicated. It is also submitted that petitioner was completely

          unaware that Niraj Kumar would misuse the vehicle in the

          manner as alleged, who was also apprehended from the spot.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge, Excise-2, Kishanganj in connection with Special Case

          No.996 of 2025, arising out of Madya Nisedh P.S. Case No.977

          of 2025, subject to the conditions laid down under Section

          482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. 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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.6645 of 2026(2) dt.04-02-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Lawyers’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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