Patna High Court
Raj Kumar Raj @ Raj Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) BNSS.
Summary
The petitioner, Raj Kumar Raj, sought anticipatory bail fearing arrest under Sections 274 and 275 of the Bihar Narcotic Substances Act (BNSS) and Section 30(a) of the Bihar Excise Act for alleged possession of 10 litres of liquor recovered from a motorcycle he owned. He argued that he had a clean antecedent, was not present at the spot of seizure, and was implicated merely because he owned the vehicle, which was misused by another person. The State opposed the bail, contending that the offences were non‑bailable and the petitioner’s ownership linked him to the crime. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed as full anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Sections 274 and 275 BNSS and Section 30(a) Bihar Excise Act
- Whether mere ownership of the vehicle used in the alleged offence justifies arrest
- What conditions may be imposed under Section 482(2) BNSS for provisional anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- BNSS
- Sections 274, 275
- Bihar Excise Act
- vehicle ownership
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.849 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Raj Kumar Raj @ Raj Kumar Rai Son of Late Mohan Rai Resident of Village
and P.S.- Lakhnaur, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 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 274 and
275 of BNSS and 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 10 litres of liquor from a motorcycle.
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
vehicle. It is next submitted that no prudent person would use
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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 further submitted that petitioner was completely unaware
that Suresh would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot.
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
Bhairavsthan P.S. Case No. 132 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
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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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