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Patna High Court

Surya Kumar Sharma @ Surya Pratik @ Saurya PratikversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

Surya Kumar Sharma applied for anticipatory bail under Section 438 of the Criminal Procedure Code after a police case (PS Case No. 346 of 2025) alleged his involvement in the illegal possession of 557.73 litres of liquor, seized from a house and a Suzuki car he owned. The petitioner argued that the liquor was recovered from a location not belonging to him, that he was unaware of his driver’s alleged misuse of the vehicle, and that a police‑custody confession by a third party had no evidentiary value. The State opposed the bail, citing the petitioner’s prior criminal record, including an earlier case under the Excise Act. The Court considered the lack of direct possession, the petitioner’s claim of ignorance, and the need to verify his antecedents before confirming bail. It granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order further directed that if the petitioner is found to have more than two prior cases, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under Section 30(a) of the Excise Act.
  • Whether the petitioner’s ownership of the seized vehicle and alleged lack of direct possession of liquor justify bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • illegal liquor possession
  • vehicle seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18086 of 2026
                  Arising Out of PS. Case No.-346 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Surya Kumar Sharma @ Surya Pratik @ Saurya Pratik Son of Sanjeev Kumar
                 Sharma Resident of village- Kanti Kasva PS- Kanti District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr/s.Preety Kunwar
                 For the Opposite Party/s :      Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases out of which one case

                   is under the Excise Act and allegation is of recovery of 557.730

                   litres of liquor from house of Rakesh Das and from a Suzuki car.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.18086 of 2026(2) dt.16-04-2026
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          and petitioner has no concern or relation with Rakesh and he

          came to be implicated based on the fact that he is owner of the

          seized car. It is next submitted that no prudent person would use

          his own vehicle for committing a crime and thus, would create

          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          his driver would misuse the vehicle in the manner as alleged and

          even Seema wife of Rakesh disclosed the name of the petitioner,

          but then, confession in police custody does not have any

          evidentiary value. It is next submitted that petitioner has

          antecedent under the Excise Act, as such, the police got him

          implicated through Seema since his car was apprehended from

          the place of occurrence.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. 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-bonds in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Trial
               Patna High Court CR. MISC. No.18086 of 2026(2) dt.16-04-2026
                                                           3/3




                         Court where the case is pending/successor Court in connection

                         with Motihari Mufassil P. S. Case No.346 of 2025, subject to the

                         conditions laid down under Section 438(2) of the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds 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 two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         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 two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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