Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 274, 275, 482(2)
- Excise Act — s. 30(a)
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
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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
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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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