Patna High Court

Parmanand ThakurversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Parmanand Thakur, was implicated in a case under Sections 30(a) and 37(A) of the Bihar Excise Act for alleged recovery of six litres of liquor from his motorcycle. He asserted that he had a clean antecedent, that the liquor was not in his conscious possession and that he was unaware of any misuse of his vehicle by a friend. The State opposed his application for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to conditions imposed under Section 482(2) of the BNSS and pending verification of his criminal antecedents. The order further provided that the bail would be cancelled if any prior case is discovered, otherwise it would be confirmed.

Issues considered

Whether anticipatory bail should be granted in a case under the Bihar Excise Act.
Whether the petitioner’s lack of possession of the liquor and his claim of a clean antecedent justify anticipatory bail.
Whether the conditions prescribed under Section 482(2) of the BNSS are applicable for provisional bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
liquor seizure
clean antecedent
Section 482
high court order
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83086 of 2025
                      Arising Out of PS. Case No.-186 Year-2025 Thana- JALALGARH District- Purnia
                 ======================================================
                 Parmanand Thakur S/O Late Shiv Lal Thakur Resident of Vill.-Dargahiganj
                 (Dargahi Jung) Ward no. 13, P.O.- Khoksa, P.S.- Baisi, Dist.- Purnea.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar Bhagat
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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 offences punishable under Sections 30(a) and

                   37(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 6 litres of liquor from a motorcycle apart from other

                   recovery as alleged in the FIR.

                             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

                   motorcycle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.83086 of 2025(3) dt.19-01-2026
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          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 friend would misuse the vehicle in the manner

          as alleged.

                   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 Jalalgarh

          P.S. Case No. 186 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 anticipatory bail order shall not be
              Patna High Court CR. MISC. No.83086 of 2025(3) dt.19-01-2026
                                                          3/3




                        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)
Sumit/-

U         T

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