Patna High Court
Subhankar Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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