Patna High Court
Aman Kumar agrawalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court confirmed the provisional anticipatory bail, holding that mere ownership of the vehicle does not constitute sufficient grounds for arrest in the absence of conscious possession of the contraband.
Summary
The petitioner, Aman Kumar Agrawal, feared arrest in a case (Kanti PS Case No. 524 of 2024) involving alleged offences under Sections 317(4), 317(5), 324(4) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for the recovery of 497.16 litres of liquor from his Scorpio and Hyundai vehicles. He argued that he had a clean record, that the liquor was not found in his conscious possession, and that he was unaware of his driver’s alleged misuse of the vehicles. The petitioner had already been granted provisional anticipatory bail on 10‑12‑2025. The State’s counsel did not contest these submissions. The court, after considering the petitioner's arguments, confirmed the provisional anticipatory bail on the same terms and conditions, thereby protecting him from arrest pending further investigation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of liquor from vehicles registered in his name.
- Whether ownership of a vehicle used in the alleged offence suffices to implicate the owner under the Bihar Narcotic Substances Act and Bihar Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(4), 317(5), 324(4)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- criminal procedure
- excise law
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82309 of 2025
Arising Out of PS. Case No.-524 Year-2024 Thana- KANTI District- Muzaffarpur
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Aman Kumar agrawal S/O Mahesh Kumar Agrawal B 368 Noida sector 92 ps
Maharishi Nagar District-Gautam Budha nagar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 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 connection
with Kanti PS Case No. 524 of 2024 registered for the offences
punishable under Sections 317(4), 317(5) and 324(4) of BNS
Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 497.16 litres of liquor from a Scorpio vehicle and a
Hyundai Car.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.82309 of 2025(4) dt.23-02-2026
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Scorpio 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
implicated, it is further submitted that petitioner was completely
unaware that his driver would misuse the vehicle in the manner
as alleged, who also fled from the spot. It is further submitted
that by order dated 10-12-2025 petitioner was granted the
privilege of provisional anticipatory bail by a learned Co-
ordinate Bench.
5. Learned A.P.P. for the State does not dispute the
said submission.
6. In view of the submission made by the learned
counsel for the petitioner, the provisional anticipatory bail
granted to the petitioner vide order dated 10-12-2025 is hereby
confirmed on the same terms and conditions.
(Satyavrat Verma, J)
Sumit/-
U T
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