Patna High Court
Sidharth KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail bond conditions.
Summary
The petitioner, Sidharth Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 40 litres of liquor from an e‑rickshaw that he owned. He contended that he had a clean criminal record, was not in possession of the liquor, and was unaware that a third party, Dhiraj, misused his vehicle. The State opposed his application for anticipatory bail. The Court considered the petitioner’s lack of direct possession, his claim of clean antecedent, and the statutory provisions governing anticipatory bail. It granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to a vehicle owner not in direct possession of contraband under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s claim of a clean criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- bail
- Bihar Excise Act
- Section 30(a)
- Section 482 CrPC
- clean antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28988 of 2026
Arising Out of PS. Case No.-694 Year-2025 Thana- PHULWARISHARIF District- Patna
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Sidharth Kumar S/o- Krishna Nand Singh R/V- 176 Road No-23 Sri Krishna
Nagar near kath ka Bridge G.P.O P.S-Buddha Colony, Dist-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankit Nath Jha, Advocate
Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 40 liters of liquor from an E-rickshaw.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
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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 Dhiraj would misuse the vehicle in the manner as alleged
who was also apprehended 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 Phulwari
Sharif (Janipur) P.S. Case No. 694 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
Patna High Court CR. MISC. No.28988 of 2026(2) dt.30-04-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be 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.
(Satyavrat Verma, J)
Rishabh/-
U T
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