Patna High Court
Laxman SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Laxman Saw, owner of a vehicle, was implicated in a case (PS 213/2025) for alleged recovery of 1,341 litres of liquor from a truck, alleged offences under Sections 30(a), 36 and 41(2) of the Bihar Excise Act. He contended that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his driver Dharmendra misused the vehicle. He applied for anticipatory bail, arguing his clean antecedent and that ownership of the vehicle alone should not create criminal liability. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify his antecedent, with confirmation of bail contingent on a clean record.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner who is not personally present at the scene of alleged excise offences
- Whether the High Court may impose conditions under its inherent powers under Section 482 of the CrPC in granting anticipatory bail
- Whether the alleged offences under the Bihar Excise Act justify denial of anticipatory bail
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- seizure of liquor
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10253 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- BAUNSI District- Banka
======================================================
Laxman Saw Son of Bhuneshwar Saw Resident of Village- Phulwariya, P.S.-
Nawalshahi, District- Koderma (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 offences punishable under Sections 30(a), 36
and 41(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1341 liters of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.10253 of 2026(3) dt.16-03-2026
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create evidence against himself and hence would get implicated
and at the same time shall bring disrepute to his business, it is
also submitted that petitioner was completely unaware that
Dharmendra would misuse the vehicle in the manner as alleged
who was also apprehended from the spot along with Pramod.
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 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 Bounsi
P.S. Case No. 213 of 2025 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
Patna High Court CR. MISC. No.10253 of 2026(3) dt.16-03-2026
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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 anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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