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Patna High Court

Raju Baitha @ Raju KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedents, as ownership of the vehicle alone does not justify arrest.

Summary

The petitioner, Raju Baitha, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 144 litres of liquor were recovered from his motorcycle. He argued that he was not in possession of the liquor, was unaware of its misuse by another person, and that his ownership of the vehicle alone should not constitute grounds for arrest, especially given his limited criminal antecedents. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on a bail bond of Rs.15,000 with two sureties, subject to verification of the petitioner’s criminal record under Section 482(2) of the B.N.S.S. The order stipulated that if more than three antecedent cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether mere ownership of a vehicle used in the alleged offence justifies arrest.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the B.N.S.S. apply to provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9491 of 2026
                     Arising Out of PS. Case No.-259 Year-2025 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Raju Baitha @ Raju Kumar son of Nandu Baitha Resident of Masha Alam
                 PS- Bairgania Distt- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :        Mr. Braj Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of three cases and allegation is of

                   recovery of 144 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 against himself and hence, would get
Patna High Court CR. MISC. No.9491 of 2026(2) dt.23-02-2026
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          implicated. It is also submitted that petitioner was completely

          unaware that Sunil Kumar would misuse the vehicle in the

          manner as alleged, who was also apprehended from the spot. It

          is further submitted that off late police has started implicating

          accused persons who are having criminal antecedent in excise

          cases without holding a proper investigation.

                       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.15,000/- (Rupees Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of learned court of

          Exclusive Special Judge Excise, Court No.-I, Sitamarhi in

          connection with Bairgania P.S. Case No.259 of 2025, 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 bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.9491 of 2026(2) dt.23-02-2026
                                                           3/3




                         found that petitioner has antecedents of more than three cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining 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 has antecedents of only three cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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