Patna High Court
Mahip KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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