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Patna High Court

Jay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

Jay Kumar, the owner of a Tata Sumo, was implicated in a case (PS Case No‑192/2025) for the alleged recovery of 855 litres of liquor from his vehicle, alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. The petitioner claimed a clean antecedent and asserted that he had no knowledge of his driver or cleaner misusing the vehicle, arguing that mere ownership should not constitute evidence of guilt. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a modest bond and sureties, and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the bail will be cancelled; otherwise, it will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Sections 274, 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 274
  • Section 275
  • Bihar Excise Act
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87572 of 2025
                    Arising Out of PS. Case No.-192 Year-2025 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Jay Kumar S/o Shri Ram Chandra Sah Resident of village- Momin Tola
                 Madhubani, P.S- Madhubani Town, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Madan 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.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 274 and

                   275 of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 855 liters of liquor from a Tata Sumo vehicle.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.87572 of 2025(3) dt.20-01-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his driver and cleaner would misuse the vehicle in the manner as

          alleged

                       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 Khajauli

          P.S. Case No. 192 of 2025 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
            Patna High Court CR. MISC. No.87572 of 2025(3) dt.20-01-2026
                                                        3/3




                      confirmed, but after verification if 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)
Rishabh/-

U      T


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