Patna High Court
Subodh Kumar Verma @ Subodh Kumar BurmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Subodh Kumar Verma, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a), 32(3) and 37 of the Bihar Prohibition and Excise Act for allegedly possessing 400 ml of liquor in a car he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that the actual offenders – Ajay Tappo, Krishna Tirki and Karma Munda – had misused his vehicle without his knowledge. The State opposed the bail, contending that the offences were serious. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties and verification of the petitioner’s criminal antecedent 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 the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- liquor seizure
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16210 of 2026
Arising Out of PS. Case No.-406 Year-2023 Thana- Excise P.S. District- Kishanganj
======================================================
Subodh Kumar Verma @ Subodh Kumar Burma Son of Gulab Chandra
Resident of Sector 1, Patel Nagar, Police Station - Dhurva, District - Ranchi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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),
32(3) and 37 of the 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 400 ml. of liquor from a car.
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 further submitted that no
prudent person would use his own vehicle for committing an
occurrence and thus would create evidence against himself and
Patna High Court CR. MISC. No.16210 of 2026(2) dt.17-03-2026
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hence would get implicated. It is next submitted that petitioner
was completely unaware that Ajay Tappo would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot along with Krishna Tirki and Karma Munda.
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 Special Case No. 430 of 2023 arising out of
Kishanganj Excise P.S. Case No. 406 of 2023, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
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
Patna High Court CR. MISC. No.16210 of 2026(2) dt.17-03-2026
3/3
that event the provisional anticipatory bail order shall not be
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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