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Patna High Court

SUNILversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

Sunil, the owner of a vehicle, was implicated in the recovery of 352.5 litres of liquor from his car under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He asserted that he had a clean criminal record and that the liquor was seized from the vehicle without his knowledge, as it was being used by others. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of his antecedents by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was issued under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
  • Whether ownership of the vehicle used for the alleged offence implicates the petitioner without proof of possession
  • What conditions, if any, should be imposed on the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • surety
  • vehicle ownership
  • possession
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16430 of 2026
                    Arising Out of PS. Case No.-22 Year-2026 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 SUNIL S/O Surendra R/O Vill.- Ukhal Chana (264), P.S.- Jhajjar, Dist.-
                 Jhajjar, Haryana

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Gautam
                 For the Opposite Party/s :       Ms. Sharda Kumari
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 352.5 litres of liquor from a car. 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

                   vehicle. 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 implicated.
Patna High Court CR. MISC. No.16430 of 2026(2) dt.17-03-2026
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          It is also submitted that the petitioner was completely unaware

          that Himanshu would misuse his vehicle in the manner as

          alleged who was also apprehended from the spot along with

          Neeraj.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Buxar (M) P.S. Case No.22/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.16430 of 2026(2) dt.17-03-2026
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                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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