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Patna High Court

Subhash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Subhash Kumar, sought anticipatory bail after learning that a case had been registered against him under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for the alleged recovery of 75 litres of liquor from a Tata Sumo, with two motorcycles also seized. He contended that he was not in possession of the liquor, that the vehicles were merely owned by him, and that he was unaware of his friend’s alleged misuse of the vehicles. The State opposed the bail, arguing that ownership linked the petitioner to the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite his ownership of the vehicle used in the alleged offence under the Bihar Prohibition and Excise Act
  • Whether the petitioner’s criminal antecedent affects the grant and confirmation of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent
  • Section 438
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24363 of 2026
                       Arising Out of PS. Case No.-578 Year-2023 Thana- NAWADA District- Nawada
                 ======================================================
                 Subhash Kumar S/o Manoj Chauhan @ Manoj Kumar R/o Village-
                 Mehandipur, PS- Pakribarawan, Distt- Nawada
                                                                    ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vibhuti Ranjan Sonvadra, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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) and

                   41 of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 75 litres of liquor from a Tata Sumo and two

                   motorcycles were also seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of one of the seized vehicles. It is next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.24363 of 2026(2) dt.20-04-2026
                                            2/3




          occurrence and, thus, would create evidence against himself

          and, hence, would get implicated. It is also submitted that

          petitioner was completely unaware that his friend would misuse

          the vehicle in the manner as alleged who also fled from the spot.

                       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 appearing on behalf of the petitioner, let 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.5,000/- (Rupees

          Five Thousand) 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 Town (Kadirganj

          O.P.) P.S. Case No. 578 of 2023, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one

          case, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.24363 of 2026(2) dt.20-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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