Patna High Court
Subodh 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 the stipulated conditions.
Summary
The petitioner, Subodh Kumar, sought anticipatory bail after a police case (PS Case No. 81 of 2023) alleged that 309.60 litres of liquor were recovered from his pickup vehicle, invoking Section 30(a) of the Bihar Excise Act. He contended that he had a clean criminal record, was not in possession of the liquor at the time of seizure, and was unaware that a third party, Shailesh, misused his vehicle. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s antecedent. It further held that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in view of the alleged seizure of liquor from his vehicle.
- Whether ownership of the vehicle, without proof of conscious possession, suffices to justify arrest and denial of bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- clean antecedent
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44156 of 2026
Arising Out of PS. Case No.-81 Year-2023 Thana- BARHARA District- Bhojpur
======================================================
Subodh Kumar S/o Jimdar Ray R/o Bishunpur, P.S.- Maniyarpur, District-
Vaishali, Bihar- 844504
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Jay Kumar Roy
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Ms Meena Singh.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 309.60 litres of liquor from a pickup vehicle.
4. Learned counsel for the petitioner submits that the
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
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Shailesh would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot along with Raushan.
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, 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 Barhara P.S. Case No. 81 of 2023 subject to the
conditions as laid down under Section 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 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
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.44156 of 2026(2) dt.07-07-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
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