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Patna High Court

Ravibhushan Thakur @ Ravibhusan ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the number of prior cases.

Summary

The petitioner, Ravibhushan Thakur, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 207.38 litres of liquor from his auto-rickshaw. He argued that he was not present at the spot, no liquor was found in his possession, and he was unaware that his driver misused the vehicle. The State opposed the bail. The court granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents. If the petitioner is found to have only one prior case, the bail will be confirmed; if more than one, it will not be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether ownership of the vehicle used in the alleged offence makes the owner liable.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • ownership of vehicle
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2) CrPC
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90933 of 2025
                   Arising Out of PS. Case No.-193 Year-2025 Thana- SAMASTIPUR GRP CASE District-
                                                        Samastipur
                 ======================================================
                 Ravibhushan Thakur @ Ravibhusan Thakur S/O Ram Naresh Thakur R/O
                 Ward no.3, Garuaara, P.S.- Samastipur Muffasil, Dist.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amar Kumar Singh
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  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 has antecedent of one case and allegation is of

                   recovery of 207.38 litres of liquor from an auto. 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
Patna High Court CR. MISC. No.90933 of 2025(2) dt.12-01-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that his driver to whom he had given the

          auto for earning based on commission would misuse his vehicle

          in the manner as alleged.

                       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.5000/- (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

          Samastipur GRP P.S. Case No.193/2025, 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 more than

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

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.90933 of 2025(2) dt.12-01-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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