Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Raushan Kumar, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the alleged recovery of 18 litres of liquor from a scooty he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his friend misused his vehicle. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties of the same amount and that the trial court verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
Whether mere ownership of the vehicle used in the alleged offence justifies arrest.
Whether the trial court must verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
vehicle ownership
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88821 of 2025
                      Arising Out of PS. Case No.-965 Year-2025 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Raushan Kumar S/o Pavan Sah Resident of - Ward No. 9, Premnagar, P.S -
                 Runnisaidpur, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Hans Lal Kumar
                 For the Opposite Party/s :         Mr. Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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 offence punishable under Sections 30(a), 32(3)

                   of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 18 litres of liquor from a scooty.                           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

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.88821 of 2025(2) dt.05-01-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who was also apprehended from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 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 Sitamarhi

          Excise Prohibition P.S. Case No.965/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.88821 of 2025(2) dt.05-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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