Patna High Court

SURAJ KUMARversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

Suraj Kumar, the owner of a motorcycle, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 4.125 litres of liquor from his vehicle. He argued that he had no conscious possession of the liquor, was not arrested at the spot, and was unaware that a person named Subodh would misuse his motorcycle. The State opposed his request for anticipatory bail. The Court, noting the petitioner’s clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, and directed the trial court to verify his criminal record before confirming the bail. If any antecedent is discovered, the bail will be cancelled; otherwise, it will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s lack of conscious possession and clean antecedent justify granting anticipatory bail.

Subjects

anticipatory bail
excise law
possession
clean antecedent
motor vehicle
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17039 of 2026
                     Arising Out of PS. Case No.-927 Year-2025 Thana- EXCISE BARH District- Patna
                 ======================================================
                 SURAJ KUMAR S/o- Braj Kishore Yadav @ Braj Kishore Prasad R/v-
                 Dabhawan @ Dadhwan Ps- Bahadaur Dist- Patna

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                     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 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 4.125 liters of liquor from a motorcycle.

                                   4. Learned counsel for the petitioner submits 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 the owner of the seized

                   motorcycle. It is further submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.17039 of 2026(2) dt.17-03-2026
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          would create evidence against himself and hence would get

          implicated. It is next submitted that petitioner was completely

          unaware that Subodh would misuse the vehicle in the manner as

          alleged who was also apprehended from the spot.

                            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 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 Barh Excise P.S. Case No. 927 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

          antecedent before this Court, as such, the provisional
           Patna High Court CR. MISC. No.17039 of 2026(2) dt.17-03-2026
                                                       3/3




                     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)
Gaurav Sinha/-

U      T

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