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Patna High Court

Mahip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Mahip Kumar, the owner of a motorcycle and an auto, faced arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 300 litres of liquor were recovered from those vehicles. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that a friend misused his vehicles. The State opposed his application for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a six‑week window for surrender, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order also stipulated that the trial court must verify the petitioner’s criminal antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor in a vehicle he owns.
  • Whether ownership of the vehicle implicates the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • What conditions may be imposed under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89360 of 2025
                         Arising Out of PS. Case No.-654 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Mahip Kumar S/o Lal Mohan Ray R/o Village - Daulatpur, P.S - Bihta,
                 District - Patna
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Ankita Kumari, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  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 Section 30(a) of the

                   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 300 litres of liquor from a motorcycle and an auto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized motorcycle. 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
Patna High Court CR. MISC. No.89360 of 2025(3) dt.22-01-2026
                                            2/3




          hence would get implicated. It is also submitted that petitioner

          was completely unaware that his friend 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, let 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 Thousand) 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 Bihta P.S.

          Case No. 654 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be

          confirmed but if it is found on verification that petitioner is a
           Patna High Court CR. MISC. No.89360 of 2025(3) dt.22-01-2026
                                                       3/3




                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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