Patna High Court

Amit KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that anticipatory bail may be granted where the petitioner has a clean antecedent and the seized liquor was not in his conscious possession, subject to verification of antecedents.

Summary

Amit Kumar, the owner of a vehicle from which 92.35 litres of liquor was seized, applied for anticipatory bail, claiming he had no knowledge of the driver’s misuse and possesses a clean criminal record. The State opposed the bail, alleging offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The court examined the petitioner’s lack of conscious possession of the liquor and his clean antecedents. It granted provisional anticipatory bail conditioned on a Rs.500 bond, two sureties, and verification of the petitioner’s criminal history by the trial court. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the vehicle owner under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
Whether the lack of conscious possession and clean antecedent justify anticipatory bail.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 482 CrPC
vehicle owner liability
clean antecedent
seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84907 of 2025
                      Arising Out of PS. Case No.-729 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Amit Kumar Son of Rajendra Singh Resident Of Village - Hardiya Sector - A,
                 P.S. - Rajauli, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad
                 For the Opposite Party/s :        Ms. Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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 offence punishable under Sections 30(a) and

                   47 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 92.35 litres of liquor from a Boleno car. 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.84907 of 2025(3) dt.20-01-2026
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          implicated. It is thus submitted that the petitioner was

          completely unaware that his driver would misuse his vehicle in

          the manner as alleged.

                       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.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 Excise

          P.S. Case No.729/2025, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.84907 of 2025(3) dt.20-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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