Patna High Court
Ravibhushan Thakur @ Ravibhusan ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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