Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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