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Patna High Court

Subhankar Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner's antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Subhankar Prasad Singh, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 82.8 litres of liquor from a Wagon R car he owned, although the liquor was not found in his immediate possession and he was not arrested at the spot. He argued that he had a clean antecedent and was unaware that others would misuse his vehicle. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case registered under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Bihar Excise Act
  • Section 482 High Court powers
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19790 of 2026
                         Arising Out of PS. Case No.-768 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Subhankar Prasad Singh Son of Late Narayan Prasad Singh R/o R.J Complex,
                 F.No. 604, Near NTPC Colony, Ashiyana Road Patna, P.S. - Rajiv Nagar,
                 Patna, Pin Code - 800025.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhiraj Sagar
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026               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 Section 30(a) 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 82.8 litres of liquor from a Wagon R car and two

                   motorcycles were seized.

                             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 car. It
Patna High Court CR. MISC. No.19790 of 2026(2) dt.26-03-2026
                                            2/3




          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

          Manish would misuse the vehicle in the manner as alleged, who

          was also apprehended from the spot along with Sonu and

          Dharmendra.

                   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 Bihta P.S. Case No. 768 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
              Patna High Court CR. MISC. No.19790 of 2026(2) dt.26-03-2026
                                                          3/3




                        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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