Patna High Court
Ajit Kumar @ Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.
Summary
The petitioner, Ajit Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41 and 47 of the Bihar Excise Act for alleged recovery of 98.625 litres of liquor from an auto he owned. He argued that he had no conscious possession of the liquor, was unaware of the vehicle's misuse, and had a clean criminal record. The State opposed the bail, contending that ownership of the vehicle implicated him. The Court granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s antecedent under Section 482(2) of the BNSS. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether mere ownership of the vehicle used in the alleged offence suffices to attract criminal liability.
- Whether the petitioner’s clean antecedent is a prerequisite for confirming anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6992 of 2026
Arising Out of PS. Case No.-785 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Ajit Kumar @ Ajeet Kumar Son of Subodh Bhagat Resident of Village-
Gosain Milik, P.S.- Barari, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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), 41
and 47 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 98.625 liters of liquor from an Auto.
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
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.6992 of 2026(2) dt.19-02-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Vikash would misuse the vehicle in the manner as alleged who
was also apprehended from the spot along with Santosh.
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 Katihar
Nagar P.S. Case No. 785 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 even
one case 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.6992 of 2026(2) dt.19-02-2026
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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.
(Satyavrat Verma, J)
Rishabh/-
U T
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