Patna High Court
Gaurav MendirattaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to a bail‑bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Gaurav Mendiratta, sought anticipatory bail after a police case was registered alleging that 341.28 litres of liquor were recovered from a car he owned, invoking Section 414 of the Indian Penal Code and several provisions of the Bihar Prohibition and Excise Act, 2016‑18. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that another individual, Rahul Kumar, misused his vehicle. The State opposed the 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 compliance with Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is discovered, the bail would be withdrawn; otherwise, it would be confirmed. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of liquor from his vehicle.
- Whether ownership of the vehicle alone suffices to implicate the petitioner under Section 414 IPC and the Bihar Prohibition and Excise Act.
- Whether the conditions imposed for provisional anticipatory bail are appropriate and lawful.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- Section 414 IPC
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- provisional bail
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.886 of 2026
Arising Out of PS. Case No.-314 Year-2023 Thana- KANTI District- Muzaffarpur
======================================================
Gaurav Mendiratta S/O Ram Swaroop Mendiratta R/O Mohalla- Ward No.-
03, Sushil Nagar Sohna, P.S- Sohna, Distt.- Gurgaon, State- Haryana.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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 Section 414 of the Indian
Penal Code as well as Sections 30(a), 32(i), (ii), 36 and 41(i),
(ii) of Bihar Prohibition and Excise Act, 2016-18.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 341.28 litres of liquor from a car. 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 the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus,
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would create evidence against himself and hence, would get
implicated. It is also submitted that petitioner was completely
unaware that Rahul Kumar would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot
along with four named accused persons.
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
Judge, Court No.-II, Muzaffarpur in connection with Kanti P.S.
Case No.314 of 2023, 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
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would be presumed that petitioner for the purposes of obtaining
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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