Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to a bail bond, sureties and verification of the petitioner’s antecedent under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Ajit Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 190 litres of liquor were recovered from two motorcycles, one of which he owned. He contended that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that the vehicle was misused. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent as per Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 when the accused is not in actual possession of the contraband.
- Whether a provisional anticipatory bail order subject to verification of the accused's antecedent is appropriate.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- provisional bail
- clean antecedent
- vehicle ownership
- Section 482(2)
- B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91127 of 2025
Arising Out of PS. Case No.-139 Year-2024 Thana- SITAMARHI District- Nawada
======================================================
Ajit Kumar S/O Mathura Prasad R/O Village - Kanaudi, P.S- Wazirganj,
District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 190 litres of liquor from two different motorcycles.
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 one of the seized vehicles. It is next submitted
that no prudent person would use his own vehicle for
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committing an occurrence and thus, would create evidence
against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that Bipin
Kumar would misuse the vehicle in the manner as alleged.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of Exclusive Special Excise
Court-1, Nawada in connection with Sitamarhi P.S. Case No.139
of 2024, subject to the conditions laid down under Section
482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if 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)
Sanjay/-
U T
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