Patna High Court
Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bond, sureties, deposit, and verification of the petitioner’s antecedents.
Summary
The petitioner, Abhay Kumar, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act for allegedly having 750 ml of liquor recovered from his motorcycle. He argued that he had no knowledge of the liquor, was not in possession at the time of seizure, and has a clean criminal record. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a deposit of Rs.1,500 with the Advocates’ Association, and directed the trial court to verify his antecedents before confirming the bail. If any prior case is found, the bail will be presumed concealed and not confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged possession of liquor recovered from his vehicle.
- Whether ownership of the vehicle, without actual possession of the contraband, suffices to deny anticipatory bail.
- Whether the petitioner’s clean antecedent is a condition for confirming the provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- vehicle ownership
- clean antecedent
- bail conditions
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6775 of 2026
Arising Out of PS. Case No.-1398 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Abhay Kumar Son of Sanjay Mehta Resident Of Village- Kadanda, Ps-
Mohammadganj, Dist- Palamu Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap
======================================================
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 Sections 30(a) and
32(3) of Bihar Prohibition and Excise Amendment Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 750 ml of liquor from a motorcycle. It is next
submitted 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 vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.6775 of 2026(2) dt.04-02-2026
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implicated. It is also submitted that the petitioner was
completely unaware that Nandradeo would misuse his vehicle in
the manner as alleged, who was also apprehended from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 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 Sadar
Excise P.S. Case No.1398/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.6775 of 2026(2) dt.04-02-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner 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)
amit/-
U T
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