Patna High Court
Ankesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and pending verification of the petitioner’s criminal antecedent.
Summary
Ankesh Kumar sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 350 ml of liquor recovered from a motorcycle he owned. He argued that the liquor was not in his conscious possession, that he was unaware of his friend's misuse of the vehicle, and that ownership alone should not implicate him. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The court further directed that the trial court verify the petitioner’s criminal antecedents, and if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in the context of alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle from which liquor was recovered implicates the petitioner absent conscious possession.
- Whether the petitioner’s prior criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- ownership of vehicle
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8499 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Ankesh Kumar S/O Shiv Shankar Mahto R/O VIll.- Khadiyahi, P.S -
Bibhutipur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
Mr. Sweta Suman, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 300 ml. of liquor from a motorcycle
as would manifest from the seized list, though in the FIR it is
alleged that liquor recovered is 350 ml.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
Patna High Court CR. MISC. No.8499 of 2026(3) dt.16-03-2026
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owner of the seized vehicle. It is further 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 next submitted that petitioner
was completely unaware that his friend would misuse the
vehicle in the manner as alleged who also fled 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, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5,000/- (Rupees 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 Bibhutipur P.S. Case No. 207 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.8499 of 2026(3) dt.16-03-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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