Patna High Court

Rajan KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedents and compliance with Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rajan Kumar, owner of a truck, was implicated in the seizure of 90.3 litres of liquor from his vehicle under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had no knowledge of the driver’s alleged misuse of the vehicle and that the liquor was not found in his conscious possession. The State opposed his request for anticipatory bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, and directed the trial court to verify the petitioner’s criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; if none is found, the bail will be confirmed. The order is subject to the conditions of Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case of alleged liquor seizure under the Bihar Prohibition and Excise Act
Whether the petitioner’s lack of conscious possession and clean antecedent justify granting anticipatory bail

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
liquor seizure
vehicle owner liability
clean antecedent
Section 30
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90240 of 2025
                 Arising Out of PS. Case No.-51 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai
                 ======================================================
                 Rajan Kumar S/O Kundan Kumar R/O Vill.- Samsa Ward no .- 09, P.S-
                 Mansoor Chak, District - Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Braj Bhusan Poddar
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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

                   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 90.3 litres of liquor from a truck.                   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 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 would get
Patna High Court CR. MISC. No.90240 of 2025(2) dt.08-01-2026
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          implicated and at the same time shall bring disrepute to his

          business. It is also submitted that the petitioner was completely

          unaware that his driver would misuse his vehicle in the manner

          as alleged who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 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 Sahebpur

          Kamal P.S. Case No.51/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.90240 of 2025(2) dt.08-01-2026
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                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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