Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to a bail bond, sureties, and verification of the petitioner’s antecedents.
Summary
The petitioner, Ajit Kumar, was implicated in a case under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act for the alleged recovery of 241.25 litres of liquor from his vehicle. He argued that he had no conscious possession of the liquor, that the driver acted without his knowledge, and that he has a clean antecedent. The State opposed his anticipatory bail application. The High Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed verification of his criminal antecedents. The order stipulated that if any antecedent is found, the bail would be withdrawn; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act where the accused claims lack of conscious possession.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 56
- clean antecedent
- vehicle owner liability
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9515 of 2026
Arising Out of PS. Case No.-1431 Year-2024 Thana- Excise P.S. District- Patna
======================================================
Ajit Kumar S/o Sri Nagina Sah R/o Mohalla - Chanakya Nagar, Kumhrar,
Kankarbagh, BH Colony, P.S - Agamkuma, District - Patna, Pin - 800026
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Shankaram, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, 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 offences punishable under Sections 30(a) and 56(b) of
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 241.25 litres of liquor from a car. 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.9515 of 2026(2) dt.23-02-2026
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implicated. It is also submitted that petitioner was completely
unaware that his driver would misuse the vehicle in the manner
as alleged, who also fled from the spot.
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 learned Exclusive Excise
Court No.3, Patna in connection with Excise P.S. Case
No.1431/24, 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
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.9515 of 2026(2) dt.23-02-2026
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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
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