Patna High Court
Ashu KashyapversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent.
Summary
The petitioner, Ashu Kashyap, sought anticipatory bail after the police seized 272.025 litres of liquor from a vehicle he owned, alleging a violation of Section 30(a) of the Bihar Excise Act. He argued that he had no knowledge of the liquor being in the vehicle, was not in possession at the time of seizure, and had a clean criminal record. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, whereas a clean record would lead to confirmation of the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused is the owner of the seized vehicle but not in possession of the liquor.
- Whether the petitioner’s clean antecedent and lack of knowledge of the offence justify the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- seizure of liquor
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85001 of 2025
Arising Out of PS. Case No.-292 Year-2024 Thana- MAKER District- Saran
======================================================
Ashu Kashyap Son of Gopal Kashyap @ Gopal Singh R/o- Bankhand, P.S.-
Bankhand, District- Hapur, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
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, Sri Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under 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 272.025 litres of liquor from a Punch car.
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
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.85001 of 2025(3) dt.20-01-2026
2/3
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Sachin would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot along with Satpal.
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 Maker
P.S. Case No. 292 of 2024, 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
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.85001 of 2025(3) dt.20-01-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.