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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedent, as ownership of the vehicle without proof of possession does not justify denial of bail.

Summary

The petitioner, Rajesh Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly transporting 50 litres of liquor in a motorcycle he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of arrest, and was unaware of his brother‑in‑law's alleged misuse of the vehicle. The State opposed the bail, contending the seriousness of the offence. The Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a modest bond and sureties, with conditions for verification of his criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner without proof of possession.
  • Whether the petitioner's clean antecedent warrants grant of anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9966 of 2026
                         Arising Out of PS. Case No.-113 Year-2025 Thana- PIRO District- Bhojpur
                 ======================================================
                 Rajesh Kumar Son of Raju Sah Resident of Village- Sonbarsha, Kesath, P.S.-
                 Nawa Nagar, District- Buxar
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bibhakar Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 litres of liquor from a motorcycle.

                                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

                   and thus would create evidence against himself and hence
Patna High Court CR. MISC. No.9966 of 2026(2) dt.23-02-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his brother-in-law, namely, Sushil

          Kumar 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 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 Piro P.S. Case No. 113 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

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.9966 of 2026(2) dt.23-02-2026
                                                       3/3




                     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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