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Patna High Court

Ankesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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