Patna High Court
Shubham KumarversusThe 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 antecedents.
Summary
Shubham Kumar, the owner of a vehicle from which 38 litres of liquor were seized, applied for anticipatory bail after being implicated in a case under Sections 30(a) and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2018. He argued that he had no knowledge of the liquor being transported in his vehicle and that the actual offender, identified as Deepak, misused the vehicle without his consent. The State opposed the bail, contending that the vehicle's ownership linked the petitioner to the offence. The Court noted the petitioner’s clean antecedent, lack of conscious possession, and the fact that ownership alone does not constitute participation in the crime. Accordingly, the Court granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s antecedents, with confirmation contingent on a clean record. 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 being the owner of the vehicle from which liquor was seized
- Whether lack of conscious possession and clean antecedent justify granting anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 34
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- vehicle ownership
- liquor seizure
- clean antecedent
- Section 30
- Section 34
- Section 482
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7174 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Shubham Kumar S/O Chuka Singh @ Rajiv Kumar R/O Village- Kali Nahar
Sekhpurba More, P.S.- Ramgarh Chowk, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a)/34 of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 38 litres of liquor from an auto and a motorcycle
was also seized. 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
Patna High Court CR. MISC. No.7174 of 2026(2) dt.15-04-2026
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against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that
Deepak 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 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 Ramgarh Chowk P.S. Case No.147/2025,
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
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on verification 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)
amit/-
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