Patna High Court
Ramadhar DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Ramadhar Das, owner of a vehicle seized in a case involving 600 ml of liquor allegedly possessed by his son Raj Kumar Das, applied for anticipatory bail fearing arrest under Sections 30(a), 37(b) and 37(c) of the Bihar Excise Act. The petitioner argued he had a clean antecedent and was unaware of his son’s misuse of the vehicle, contending that ownership alone should not implicate him. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, a condition that the petitioner deposit Rs.1500 with the Advocates’ Association, and verification of his criminal antecedent by the trial court. If any prior case is found, the bail will be cancelled; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the owner of a vehicle seized in a liquor possession case can be granted anticipatory bail under Section 482 of the BNSS.
- Whether the petitioner’s clean antecedent and lack of direct involvement justify anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bihar Excise Act
- vehicle seizure
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6760 of 2026
Arising Out of PS. Case No.-30 Year-2020 Thana- KHUDWA District- Aurangabad
======================================================
Ramadhar Das Son of Late Bishunpat Das Resident of Village Chanda, P.S.-
Khudwan, District - Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
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 offences punishable under Sections 30(a),
37(b) and 37(c) 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 600 ml of liquor from possession of Raj Kumar Das
and a motorcycle was seized.
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
vehicle. It is next submitted that no prudent person would use
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his son, Raj Kumar would misuse the vehicle in the manner
as alleged who 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 Khudwan
P.S. Case No. 30 of 2020 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
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antecedent before this Court, as such, the provisional
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.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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