Patna High Court
Sujit Kumar @ Sanjit Kumar @ Sanjeet Prasad Gupta @ Sanjit Pd. GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of antecedent, under Section 482(2) of the BNSS.
Summary
The petitioner, Sujit Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 555 ml of liquor from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that another person, Amit, misused his vehicle. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and deposit Rs. 1,500 with the Advocates’ Association, pending verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the principles of Section 482(2) of the BNSS and the facts indicating lack of direct involvement.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act where the accused is the owner of the vehicle but not in possession of the contraband.
- Whether ownership of the vehicle alone can constitute sufficient grounds for arrest and denial of bail.
- What conditions may be imposed on provisional anticipatory bail pending verification of the accused's antecedent.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2527 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- DUMARIYA District- Gaya
======================================================
Sujit Kumar @ Sanjit Kumar @ Sanjeet Prasad Gupta @ Sanjit Pd. Gupta son
of shivnath Prasad Gupta @ shiv Nath Prasad Gupta @ shivnath Prasad
Village -Kewalakala, Police Station- Dumaria, District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 555 ml of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.2527 of 2026(2) dt.28-01-2026
2/3
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Amit would misuse the vehicle in the manner as alleged,
who was also apprehneded 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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) 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
Dumariya P.S. Case No. 72 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.2527 of 2026(2) dt.28-01-2026
3/3
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…