Patna High Court

Om PrakashversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was granted conditionally, pending verification of the petitioner’s antecedents.

Summary

The petitioner, Om Prakash, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 1.4 litres of liquor recovered from his motorcycle. He argued that he had no knowledge of the liquor being in the vehicle, that the liquor was not found in his conscious possession, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The Court considered that ownership of the vehicle alone does not establish culpability and that the petitioner’s clean antecedent warranted relief. Accordingly, the Court granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedents before confirming the bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Whether ownership of the vehicle from which liquor was recovered is sufficient grounds to deny bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
vehicle ownership
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91695 of 2025
                       Arising Out of PS. Case No.-28 Year-2024 Thana- AMBA District- Aurangabad
                 ======================================================
                 Om Prakash S/o Vinayak Prasad Sah R/o Vill- Rajpur Sarsandi, ward no. 5,
                 P.S.- Gwalpara, Distt- Madhepura (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Vishal
                 For the Opposite Party/s :       Ms. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner is connected

                   through virtual mode. It is submitted that petitioner is a person

                   with clean antecedent and allegation is of recovery of 1.4 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 the seized vehicle. It is next

                   submitted that no prudent person would use his own vehicle for

                   committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.91695 of 2025(2) dt.13-01-2026
                                            2/3




          against himself and hence would get implicated. It is also

          submitted that the petitioner was completely unaware that Arjun

          would misuse his vehicle in the manner as alleged, who was

          also apprehended from the spot along with Rishu.

                       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.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 Amba

          P.S. Case No.28/2024, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.91695 of 2025(2) dt.13-01-2026
                                                         3/3




                       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)
amit/-

U        T

Continue reading with your account

Checking your session…