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Patna High Court

Suresh Pasi @ Saresh PasiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail application is not maintainable as the petitioner is not an accused in the case.

Summary

The petitioner, Suresh Pasi, filed an anticipatory bail application fearing arrest in a case involving alleged seizure of 5,440.14 litres of liquor and firearms under the Bihar Excise Act and the Arms Act. He claimed he was implicated because he was purportedly the owner of one of the seized vehicles, although the police investigation found no evidence linking him to the offence and his name did not appear in the FIR or statements. The State argued that the petitioner was not an accused and therefore the anticipatory bail petition was not maintainable. The court examined the case diary and the SHO's testimony, confirming that the petitioner had no involvement and that the application was filed on erroneous advice. Consequently, the court held that the anticipatory bail application could not be entertained and dismissed it.

Issues considered

  • Whether anticipatory bail is maintainable when the applicant is not an accused in the proceeding
  • Whether mere alleged ownership of a seized vehicle suffices to grant anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bihar Excise Act
  • Arms Act
  • non-accused
  • bail jurisdiction
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24836 of 2026

                      Arising Out of PS. Case No.-328 Year-2019 Thana- KARAHGAR District- Rohtas
                 ======================================================
                 Suresh Pasi @ Saresh Pasi S/O Rameshwar Pasi @ Rameshwar Rai R/O
                 Village-Kurmorhi, PS-Sikarhatta, Distt- BHojpur


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


3   20-04-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act read with Sections 25(1-b) a, 26 and 30 of the

                   Arms Act.

                                 3. The SHO, Kargahar P.S, in compliance of the order

                   dated 18.04.2026, is present in the Court.

                                 4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24836 of 2026(3) dt.20-04-2026
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          petitioner is a person with clean antecedent and allegation is of

          recovery of 5440.14 liters of liquor from eight different vehicles

          and from a godown as detailed in the FIR along with a rifle, a

          pistol and 49 live cartridges from possession of Mahavir.

                       5. At this stage, the learned APP, based on instruction

          of the SHO, submits that anticipatory bail application is not

          maintainable for the reason that petitioner is not an accused in

          the case. It is submitted that it absolutely does not stand to

          reason that on what basis, the petitioner before the learned

          District Court moved an application seeking anticipatory bail on

          the ground that he came to be implicated based on the fact that

          he is owner of the seized vehicle when petitioner is not the

          owner of any of the seized vehicles.

                       6. The learned APP next submits that one of the

          seized vehicles belonged to Ram Bharos Singh, but then Ram

          Bharos Singh and his wife both died and they had three sons and

          two of them reside outside India at Dubai and the third son is

          also staying outside Bihar, as such, during the course of

          investigation someone gave information that vehicle of Ram

          Bharos Singh was purchased by the petitioner, as such, the

          Investigating Officer of the case called the petitioner to enquire

          that as to whether he has purchased the vehicle or not, but then
Patna High Court CR. MISC. No.24836 of 2026(3) dt.20-04-2026
                                            3/4




          the petitioner denied purchasing the vehicle, thereafter, the said

          aspect was investigated and nothing transpired during the course

          of investigation connecting the petitioner with the offence.

                       7. The SHO, who is present in the Court, also asserts

          and submits that police never knocked the door of the petitioner

          since his involvement in the case has not transpired.

                       8. At this stage, the learned APP submits that he has

          gone through the case diary and from perusal of the same also it

          would manifest that nowhere the name of the petitioner figures

          nor Mahavir in his confessional statement has taken the name of

          the petitioner.

                       9. The learned APP, thus, submits that it appears that

          the petitioner, on wrong advice, filed the anticipatory bail

          application before the learned District Court.

                        10. Learned counsel appearing on behalf of the

          petitioner fairly submits, after going through the case diary

          brought by the SHO, that it appears that the petitioner based on

          wrong advice filed the anticipatory bail before the learned

          District Court, but then submits that since petitioner is not an

          accused in the case, as such, there was no apprehension.

                     11. After hearing the learned counsel for the parties,

          the anticipatory bail application is held not maintainable.
            Patna High Court CR. MISC. No.24836 of 2026(3) dt.20-04-2026
                                                        4/4




                                 12. The personal appearance of the SHO, Kargahar P.S.

                      is dispensed with.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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