Patna High Court
Ketu BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ketu Bhagat, sought anticipatory bail after the police alleged that 50 litres of liquor were recovered from a scooty he owned, implicating him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not arrested on the spot, no liquor was found in his personal possession, and he was unaware that a friend misused his vehicle. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further stipulated that the trial court verify the petitioner’s criminal antecedent; if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner not in possession of the alleged contraband under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- prohibition and excise
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89826 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- DESARI District- Vaishali
======================================================
Ketu Bhagat Son of Sagar Bhagat R/o Village - Maile, P.S. - Bidupur, District
- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, 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 has antecedent of two cases and allegation is of
recovery of 50 litres of liquor from a 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 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
Patna High Court CR. MISC. No.89826 of 2025(3) dt.22-01-2026
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would get implicated. It is next 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.10,000/- (Rupees Ten 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 Desari
(Chandpura) P.S. Case No. 385 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 more than two cases,
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
Patna High Court CR. MISC. No.89826 of 2025(3) dt.22-01-2026
3/3
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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