Patna High Court
Amit Kumar @ Amit SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Amit Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for the alleged recovery of 58 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware of any misuse of his vehicle by a friend. The State opposed the bail. The High Court, considering these 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 and conditions under Section 482(2) of the CrPC. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail is appropriate when the alleged contravention involves liquor recovered from a vehicle owned by the petitioner but not in his immediate possession.
- Whether the petitioner’s clean antecedent justifies the grant of provisional anticipatory bail.
- What conditions under Section 482(2) of the CrPC must be satisfied for confirming the provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Section 482 CrPC
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91162 of 2025
Arising Out of PS. Case No.-211 Year-2022 Thana- PURAINI District- Madhepura
======================================================
Amit Kumar @ Amit Sharma S/O Bhim Sharma R/o Village-Auray Ward no
06, P.S-Puraini, District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, 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 Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 58 litres of liquor from a motorcycle. 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
seized motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus, would create evidence against himself and hence, would
Patna High Court CR. MISC. No.91162 of 2025(2) dt.12-01-2026
2/3
get implicated. It is also submitted that petitioner was
completely unaware that his friend 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 the learned District &
Additional Sessions Judge-VII-cum-Special Judge, Excise-II,
Madhepura in connection with Puraini P.S. Case No.211 of
2022, 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
Patna High Court CR. MISC. No.91162 of 2025(2) dt.12-01-2026
3/3
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
Checking your session…