Patna High Court

Govind KumarversusThe State of Bihar

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

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Govind Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 40 litres of liquor from a motorcycle he owned. He argued that he was not arrested at the spot, the liquor was not found in his possession, and he was unaware that another individual, Abhinandan, misused his vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; if exactly three, the bail would be confirmed. The order is subject to compliance with Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of its misuse justify granting bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
vehicle ownership
criminal antecedent
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69770 of 2025
                              Arising Out of PS. Case No.- Year-0 Thana- District- Bhagalpur
                 ======================================================
                 Govind Kumar S/O Late Lakhan Mandal Resident of Village- Nayatola
                 Mirachak, P.S- Industrial Area, Ziro Mile, Distt.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjan Kumar Jha
                 For the Opposite Party/s :        Mr.Mukesh Kumar Singh
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 40 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.69770 of 2025(3) dt.07-01-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Abhinandan 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.

          15,000/- (Rupees Fifteen 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

          Excise Sadar Sanha No. 10 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 more

          than three cases 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.69770 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 has antecedent of three

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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