Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
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
Checking your session…