Patna High Court
Anish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Anish Kumar, sought anticipatory bail after the police seized 211.68 litres of liquor from a Mahindra pickup vehicle registered in another person's name. He argued that he was not in possession of the liquor or the vehicle at the time of seizure and that the investigation was mechanically conducted without proper inquiry. The State opposed the bail, contending that the seizure implicated the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The High Court, considering the petitioner's clean antecedent and lack of conscious possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted when the accused is not in conscious possession of the seized liquor and vehicle.
- Whether ownership of a vehicle, still registered in another's name, suffices to implicate the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the police investigation was adequate to justify denial of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- seizure of liquor
- vehicle ownership
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- provisional bail
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88762 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- ARARIA District- Araria
======================================================
Anish Kumar Satyendra Singh R/O Village - Panchhapara( Pana Chhapra),
P.S- Chhapra, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 211.680 litres of liquor from a Mahindra pickup
vehicle. 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
petitioner no doubt has purchased the vehicle which is the
second hand vehicle from Car For Sale company but the car was
Patna High Court CR. MISC. No.88762 of 2025(3) dt.23-02-2026
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not delivered to him and still remains registered in the name of
its original owner Jitendra Kumar Sahni but then police in
mechanical manner investigates and implicates without holding
a proper investigation.
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 Judge-I, Araria in connection with Araria P.S. Case
No.173 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.88762 of 2025(3) dt.23-02-2026
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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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