Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedent and compliance with the conditions imposed.
Summary
Petitioner Kaushal Kumar was implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 160 litres of liquor from two motorcycles, one of which he owned. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, claiming he was unaware that Ankit Kumar misused his vehicle. The State opposed the anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and conditions under Section 482(2) of the B.N.S.S. The application was allowed, with the proviso that if any antecedent is discovered, the bail may be withdrawn.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Prohibition and Excise Act, 2016.
- Whether the ownership of the vehicle used in the alleged offence creates a presumption of guilt.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- clean antecedent
- seizure of liquor
- ownership of vehicle
- Section 482(2) of B.N.S.S.
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85779 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- MESKAUR District- Nawada
======================================================
Kaushal Kumar S/o- Aeto Prasad R/v- Mahugay Ps- Parnadabar @
Parandabar Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 41 of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 160 litres of liquor from two motorcycles. 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 one
of the seized motorcycles. 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,
Patna High Court CR. MISC. No.85779 of 2025(3) dt.20-01-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Ankit Kumar would misuse the vehicle
in the manner as alleged, who was also apprehended from the
spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive
Special, Excise Court-I, Nawada in connection with Meskaur
P.S. Case No.155 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
Patna High Court CR. MISC. No.85779 of 2025(3) dt.20-01-2026
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
Sanjay/-
U T
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