Patna High Court
Prakash Kumar @ Indal ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond and surety conditions, with verification of antecedents under Section 482(2) of the B.N.S.S.
Summary
The Patna High Court considered the petition of Prakash Kumar, who sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged recovery of 25 litres of liquor from his motorcycle. He contended that he was not in actual possession of the liquor, merely the owner of the vehicle, and was unaware that another person had misused it. The State opposed the grant of anticipatory bail. The Court observed that ownership alone does not amount to possession and noted that the petitioner had only one prior criminal case. Accordingly, it granted provisional anticipatory bail on a bond of Rs.5,000 with two sureties, subject to verification of his antecedents under Section 482(2) of the B.N.S.S.; if more than one antecedent is found, the bail may be cancelled, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner
- Whether ownership of the vehicle constitutes possession for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7632 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Prakash Kumar @ Indal Chaudhary Son of Kishun Chaudhary Resident of
village - Khanda, P.S.- Sasaram (Karwandiya), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad
For the Opposite Party/s : Ms. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 25 litres of liquor from a motorcycle. 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.7632 of 2026(2) dt.23-02-2026
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implicated. It is also submitted that the petitioner was
completely unaware that Amresh would misuse his vehicle in
the manner as alleged who was also apprehended from the spot
along with Pritam.
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.5000/- (Rupees five 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
Case No.918/2025, arising out of Sasaram Excise P.S. Case
No.362/2025, 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 more than
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.7632 of 2026(2) dt.23-02-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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