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Patna High Court

Bikku KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

Bikku Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 18 litres of liquor from a motorcycle he owned. He applied for anticipatory bail, arguing that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware of his friend’s alleged misuse of the 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. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether ownership of the vehicle used in the alleged offence is sufficient to deny bail.
  • Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • ownership of vehicle
  • clean antecedent
  • Cr.P.C. Section 438
  • BNSS Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91991 of 2025
                     Arising Out of PS. Case No.-473 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Bikku Kumar S/o Navin Kumar Singh @ Naveen Kumar Singh Resident of
                 Village - Rani Pokhar Ghataro, Ranipokhar Ghataro, Ghataro, Chaturbhuj,
                 P.S.- Karthan, Dist.- Vaishali, Bihar 844119
                                                                          ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Shankar Roy, Advocate
                 For the Opposite Party/s :        Mr. Ram Anurag Singh, 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 offence punishable under Section 30(a) of the

                   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 18 litres of liquor from a motorcycle and a bag.

                                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 is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.91991 of 2025(2) dt.13-01-2026
                                            2/3




          and thus would create evidence against himself and hence

          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged.

                       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

          Gopalganj Excise P.S. Case No. 473 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

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.91991 of 2025(2) dt.13-01-2026
                                                       3/3




                     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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