Patna High Court

Avinash Kumar @ Abhinash KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.

Summary

The petitioner, Avinash Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 157.2 litres of liquor from a car he owned. He argued that he had a clean criminal record, that the liquor was not found in his conscious possession, and that he was unaware that a third‑party, Firoz, would misuse his vehicle. The State opposed the bail, contending that the facts warranted prosecution. The High Court, applying its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a modest bond, two sureties, and a six‑week window for surrender before the trial court. The order further conditioned confirmation of bail on verification of the petitioner’s antecedent, with the bail to be revoked if any prior case is discovered.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act
Whether the ownership of the vehicle and lack of conscious possession of liquor justify granting bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 482
vehicle ownership
criminal antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67266 of 2025
                       Arising Out of PS. Case No.-251 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Avinash Kumar @ Abhinash Kumar S/o Awadhesh Prasad Resident Of
                 Mohalla- Alampur, Ps- Dulhin Bazar, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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 30(a) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 157.2 liters of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 the seized car. It

                   is next submitted that no prudent person would use his own

                   vehicle for committing an occurrence and thus would create
Patna High Court CR. MISC. No.67266 of 2025(3) dt.07-01-2026
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          evidence against himself and hence would get implicated, it is

          also submitted that petitioner was completely unaware that Firoz

          would misuse the vehicle in the manner as alleged who was also

          apprehended 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.

          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 Excise

          Sadar Siwan P.S. Case No. 251 of 2025 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 event if it is found that petitioner has antecedent of even

          one case 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
            Patna High Court CR. MISC. No.67266 of 2025(3) dt.07-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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