Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted, subject to verification of the petitioner’s antecedents, and the order will be confirmed or set aside based on that verification.
Summary
The petitioner, Suraj Kumar, applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 10 litres of liquor recovered from a scooty he owned. He argued that he was not in possession of the liquor at the time of seizure, was unaware of his friend’s misuse of the vehicle, and that ownership alone should not constitute evidence of guilt. The State opposed the bail, contending that the offence warranted arrest. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be withdrawn; if only one antecedent exists, the bail would be confirmed. The application was allowed, subject to these conditions.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the vehicle from which liquor was recovered can be a basis to deny anticipatory bail.
- Whether the petitioner’s criminal antecedent should affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- vehicle ownership
- liquor seizure
- Section 482(2) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14427 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- SOHSARAI District- Nalanda
======================================================
Suraj Kumar S/o Chhote Paswan Resident of Village- Paharpura, P.S.-
Biharsharif, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhangi Pandey, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 10 litres of liquor from a Scooty. 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
Scooty. 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.14427 of 2026(2) dt.13-03-2026
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implicated. It is also submitted that petitioner was completely
unaware that his friend 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.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Special
Judge, Excise-2, Biharsharif, Nalanda in connection with
Sohsarai P.S. Case No.01 of 2026, 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 more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.14427 of 2026(2) dt.13-03-2026
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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 antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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