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Patna High Court

Ajit Kumar @ Ajeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        3/3




                      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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