Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his clean antecedent and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Pintu Kumar, owner of a vehicle from which 627 litres of liquor were seized, sought anticipatory bail, claiming he had no knowledge of the illegal activity and a clean criminal record. The prosecution alleged that the liquor was recovered from the bus owned by the petitioner, implicating him under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner argued that his employees acted without his consent and that ownership of the vehicle alone does not constitute culpability. The court considered the petitioner’s clean antecedent and the lack of direct possession of the liquor, and applied Section 482(2) of the B.N.S.S. to grant provisional anticipatory bail with specific bond and surety conditions. The order also directed the trial court to verify the petitioner’s antecedents and confirm the bail if no prior cases are found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the liquor seizure.
- Whether ownership of the vehicle used in the alleged offence suffices to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 30
- Section 47
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72327 of 2025
Arising Out of PS. Case No.-609 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Pintu Kumar S/o Late Surendra Prasad R/o VILLAGE- Sonu Bigha, P.S. -
Kadirganj, DISTRICT- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 19-01-2026 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 offence punishable under Sections 30(a), 47 of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 627 litres of liquor from room of a bus. 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.72327 of 2025(4) dt.19-01-2026
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implicated and at the same time shall bring disrepute to his
business. It is also submitted that the petitioner was completely
unaware that his employees Sohrab, Rajesh and Dilip would
misuse his vehicle in the manner as alleged, who were 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 Excise
P.S. Case No.609/2025, 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
Patna High Court CR. MISC. No.72327 of 2025(4) dt.19-01-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
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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