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Patna High Court

Pradeep KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to bail‑bond conditions and verification of the petitioner’s antecedent.

Summary

Petitioner Pradeep Kumar applied for anticipatory bail in a case registered under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act, alleging that 8.145 litres of liquor were recovered from his motorcycle. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that a third party, Rajesh, would misuse his vehicle. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and comply with Section 482(2) of the B.N.S., and that the trial court verify his criminal antecedent. If more than one prior case is found, the bail may be revoked; otherwise it will be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under Sections 274, 275 of the B.N.S. and Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner for bail purposes.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • Excise Act
  • B.N.S.
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6728 of 2026
                   Arising Out of PS. Case No.-83 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Pradeep Kumar S/o Devnarayan Yadav R/o vill - ward no. 4, Radh, Malmal,
                 P.S.- Kaluahi, Distt.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Kumari Pallavi
                 For the Opposite Party/s :      Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 274 and 275 of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 8.145 litres of liquor from a

                   motorcycle.

                                4. The learned counsel for the petitioner submits 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 the seized
Patna High Court CR. MISC. No.6728 of 2026(2) dt.04-02-2026
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          vehicle. It is next submitted that no prudent person would use

          his own vehicle for committing a crime and thus, would create

          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          Rajesh would misuse the vehicle in the manner as alleged as he

          was also apprehended at the spot.

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

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five Thousand) 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 Madhwapur P. S. Case No.83 of 2025, subject to the

          conditions laid down under Section 482(2) of the BNSS.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.6728 of 2026(2) dt.04-02-2026
                                                           3/3




                         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 one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.2500/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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