Created by Fuzzy Cloud

Patna High Court

Subodh Kumar Verma @ Subodh Kumar BurmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.