Patna High Court
Kumar ShubhamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Kumar Shubham, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32(3) and 37 of the Bihar Excise Act for allegedly possessing 0.75 litres of liquor recovered from his Maruti Suzuki vehicle. He argued that he had a clean antecedent, was not in actual possession at the time of seizure, and was unaware that another person was misusing his vehicle. The State opposed the bail, contending that the vehicle's ownership linked the petitioner to the offence. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged recovery of liquor from his vehicle.
- Whether ownership of the vehicle, absent actual possession, suffices to justify denial of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18411 of 2026
Arising Out of PS. Case No.-1563 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Kumar Shubham S/o Ratan Kumar Daftuar R/o Middle Lane Ramdhanpur
Gaya, P.S.- Gaya Middle Lane, Post Gaya, Distt.- Gaya (Bihar) 823002,
Presently Resident of C/o Mclinic 3rd floor, opp Millinium Home Apartment,
Bind Toil, Sheikhpura more, Bailey road, P.S.- Shastri Nagar, Distt.- Patna
(Bihar) 800014, Aadhar No. 581499002991
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roushan Kumar
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 0.750 litres of liquor from a Maruti Suzuki vehicle.
4. Learned counsel for the petitioner submits that the
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
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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,
it is further submitted that petitioner was completely unaware
that Abhay of the vehicle would misuse the vehicle in the
manner as alleged who was apprehended along with other
named accused persons.
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 before the learned trial court
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 Excise
P.S. Case No. 1563 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
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional 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)
Sumit/-
U T
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