Patna High Court
Harishankar Kumar @ Chunu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Harishankar Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 20 litres of liquor from his motorcycle. He argued he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was implicated merely as the owner of the vehicle used by a friend who fled the scene. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.500 bail bond, two sureties, and verification of the petitioner’s criminal antecedent, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order also required the petitioner to deposit Rs.1,500 with the Patna High Court Advocate Association. The bail will be confirmed if the petitioner is found to have a clean antecedent, otherwise it may be revoked.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the petitioner was not in actual possession of the alleged contraband.
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail bond
- liquor seizure
- vehicle ownership
- criminal antecedent
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6689 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District-
Patna
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Harishankar Kumar @ Chunu Kumar Son of Mahavir Yadav @ Mahaveer
Yadav Resident of Village - Mathurapur, Ward No.- 14, P.S.- IIT Amhara,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Chandra, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 the
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 20 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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
Patna High Court CR. MISC. No.6689 of 2026(2) dt.04-02-2026
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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.
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, let 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.500/- (Rupees Five Hundred) 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 IIT
Amhara P.S. Case No. 193 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
Patna High Court CR. MISC. No.6689 of 2026(2) dt.04-02-2026
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that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification 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.1,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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