Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioners, subject to bail bonds, sureties, and verification of their criminal antecedents.
Summary
Petitioners Suraj Kumar and Chandeshwar Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging recovery of 15 litres of liquor from a motorcycle. They argued that no liquor was found in their possession, that the second petitioner was implicated merely as the vehicle owner, and that they were unaware of any misuse of the vehicle. The first petitioner claimed a clean antecedent, while the second had a prior case under the Excise Act. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of criminal antecedents and compliance with Section 482(2) of the Criminal Procedure Code, with confirmation contingent on the antecedent check.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence is sufficient to implicate the petitioner.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- vehicle ownership
- criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23702 of 2026
Arising Out of PS. Case No.-206 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
1. Suraj Kumar Son of Gyandev Dhangar R/o Village - Dhokaraha Dhangar
Toli, P.S. - Majhauliya, Dist. - West Champaran.
2. Chandeshwar Kumar Son of Basant Dhangar R/o Village - Dhokaraha
Dhangar Toli, P.S. - Majhauliya, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 is a person with clean antecedent and petitioner
no.2 has antecedent of one case under the Excise Act and
allegation is of recovery of 15 litres of liquor from a motorcycle.
It is next submitted that petitioners were not arrested from the
spot as such nothing was recovered from their conscious
possession and petitioner no.2 came to be implicated based on
Patna High Court CR. MISC. No.23702 of 2026(2) dt.09-04-2026
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the fact that he is owner of the seized vehicle. It is also
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 also
submitted that the petitioner no.2 was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the spot. It is next submitted that petitioner
no.1 is a person with clean antecedent and he came to be
implicated at the instance of chowkidar with whom he is on an
inimical term.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five thousand) each
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 Majhauliya P.S. Case No.206/2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
Patna High Court CR. MISC. No.23702 of 2026(2) dt.09-04-2026
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6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of even one case and petitioner no.2 has antecedent of more than
one case, in that event, it would be presumed that petitioners
had concealed their antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed with
respect to those petitioners whose criminal antecedent does not
tally but if after verification the criminal antecedent as recorded
hereinabove tallies with the petitioners in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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