Patna High Court
Mahavir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with bail conditions.
Summary
Mahavir Kumar, the owner of a vehicle from which 405 litres of liquor was seized, applied for anticipatory bail under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that Sundar Lal Yadav misused his vehicle. The State opposed the bail. The 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 by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite ownership of the vehicle from which liquor was seized
- Whether the petitioner’s lack of knowledge of the misuse of his vehicle negates culpability
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- vehicle ownership
- liquor seizure
- clean antecedent
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91936 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Mahavir Kumar Son of Shatrudhan Sahani R/o Village - Voga Toll, P.S. -
Bisfi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P.
======================================================
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 offences punishable under Sections 274 and
275 of the BNS as well as Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 405 litres of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It it next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.91936 of 2025(2) dt.13-01-2026
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that Sundar Lal Yadav 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, let 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
Madhwapur P.S. Case No. 95 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.91936 of 2025(2) dt.13-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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