Patna High Court

Randhir KumarversusThe State of Bihar

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

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions under Section 438(2) Cr.P.C.

Summary

Randhir Kumar, the owner of two scooties from which 70 litres of liquor were seized, applied for anticipatory bail under Section 438(2) of the Cr.P.C., claiming he had no conscious possession of the liquor and was unaware that others misused his vehicles. He argued that his clean antecedent and lack of direct involvement should preclude arrest. The State opposed the bail, contending the ownership linked him to the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and ordered verification of the petitioner's criminal antecedent. If any antecedent is found, the bail may be revoked; if none, the provisional order will be confirmed.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 438(2) Cr.P.C. in a case of alleged possession of liquor recovered from vehicles he owned
Whether ownership of the vehicles implicates the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition and Excise Act
ownership of vehicle
criminal antecedent
Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89813 of 2025
                     Arising Out of PS. Case No.-132 Year-2025 Thana- SITAMARHI District- Nawada
                 ======================================================
                 Randhir Kumar S/o Kuleshwar Chaudhary R/o vill - Bara, P.S.- Fatehpur,
                 Distt.- Gayaji
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :      Ms. Madhuri Lata, A.P.P.
                 ======================================================
                 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 Section 30(a) of the

                   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 70 litres of liquor from two scooty.

                                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 both the seized scooty. 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.89813 of 2025(2) dt.05-01-2026
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          hence would get implicated. It is also submitted that petitioner

          was completely unaware that Jitendra Kumar and Ramesh

          Kumar would misuse the vehicle in the manner as alleged who

          were also apprehended from the spot.

                       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 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

          P.S. Case No. 132 of 2025, subject to the conditions as laid

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

                       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
           Patna High Court CR. MISC. No.89813 of 2025(2) dt.05-01-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     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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