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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         3/3




                                    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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