Patna High Court
Brjesh Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Brjesh Kumar Pandey, was implicated in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the B.N.S., 2023 for alleged possession of 255.72 litres of liquor recovered from a motorcycle and a car he owned. He argued that the liquor was not in his conscious possession, that he was unaware his friend would misuse the vehicle, and that ownership alone should not create criminal liability. The State opposed the anticipatory bail application. The Patna High Court, after hearing counsel, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite alleged involvement in liquor seizure.
- Whether ownership of the vehicle used in the alleged offence suffices to attract criminal liability.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 317(5), 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89855 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Brjesh Kumar Pandey Son of Baliram Pandey @ Vali Ram Pandey Resident
of Village- Pararia, Ps- Mufassil (Siwan), Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 41(1) of
Bihar Prohibition and Excise (Amendment) Act, 2022 as well as
Sections 317(5) and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 255.72 litres of liquor from a
motorcycle and a car. 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 car. It is next submitted that
no prudent person would use his own vehicle for committing an
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occurrence and thus, would create evidence against himself and
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, who was also apprehended
from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned District &
Additional Sessions Judge-XIII-cum-Special Excise Court No.-
1, Gopalganj in connection with Kateya P.S. Case No.313 of
2025, subject to the conditions laid down under Section 482(2)
of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedents of more than one case,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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