Patna High Court
Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ravindra Kumar, sought anticipatory bail after being implicated in a case alleging recovery of 2,880 litres of liquor from his Mahindra Bolero vehicle under Section 317(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. He argued that he was not in possession of the liquor, was unaware of his driver’s alleged misuse of the vehicle, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 25,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If more than five prior cases are found, the bail will not be confirmed; if exactly five, the provisional order will be confirmed. The order was made under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 317(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used for the alleged offence suffices to justify arrest and denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 317
- Section 30
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84570 of 2025
Arising Out of PS. Case No.-382 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Ravindra Kumar S/O Surendra Mahto Resident of village- Bhaluaha, P.S.-
Bhutahi, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
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 Section 317(5) of
the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the excise act and
allegation is of recovery of 2880 liters of liquor from a
Mahindra Bolero pick up vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.84570 of 2025(3) dt.19-01-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his driver would misuse the vehicle in the manner as alleged. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
25,000/- (Rupees Twenty 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 Majorgang P.S. Case No. 382 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
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than five cases 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 confirmed, but after
verification if it is found that petitioner has antecedent of five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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