Patna High Court
Mundrika PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail subject to verification of his antecedent and compliance with the conditions imposed.
Summary
Mundrika Prasad, a resident of Gaya, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for allegedly possessing 2 litres of liquor recovered from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that another person, Rohit, misused his vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence creates sufficient grounds for arrest and denial of bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 482
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91033 of 2025
Arising Out of PS. Case No.-1330 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Mundrika Prasad S/O Rambriksh Yadav R/O Mohalla/Village- Narayan
Nagar, Buniyadganj, P.S- Muffasil, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
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 30(a) and
32(3) 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 2 litres of liquor from a motorcycle.
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
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.91033 of 2025(2) dt.12-01-2026
2/3
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Rohit would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot.
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 Excise
Sadar P.S. Case No. 1330 of 2025, 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
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.91033 of 2025(2) dt.12-01-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…