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Patna High Court

Pradeep KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Pradeep Kumar, was implicated in a case involving the seizure of 95.400 litres and 52.650 litres of liquor from four motorcycles, alleged under Sections 414 and 34 of the IPC and Section 30(a) of the Bihar Excise Act. He contended that he was not present at the spot, had no liquor in his possession, and was only linked to the case because he owned the seized vehicle, asserting a clean antecedent. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS given the allegations under IPC and the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • IPC
  • Bihar Excise Act
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90998 of 2025
                      Arising Out of PS. Case No.-478 Year-2023 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Pradeep Kumar S/o- Rajkumar @ Rajkumar Baitha Resident of Village-
                 Hariharpur PS- Sewrahi, Dist- Kushinagar, U.P

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saurabh Kumar
                 For the Opposite Party/s :       Mr.Bharat Lal
                 ======================================================
                 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 offences punishable under Sections 414 and 34

                   of IPC and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 95.400 litres of liquor along with 52.650 litres of

                   liquor from four different motorcycles.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.90998 of 2025(2) dt.12-01-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Rajesh would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with three other

          accused persons.

                   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, 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.

          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 Kateya

          P.S. Case No. 478 of 2023 subject to the conditions as laid

          down under Section 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 in the

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

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.90998 of 2025(2) dt.12-01-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if 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)
Sumit/-

U         T


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