Patna High Court
Sunil PrajapativersusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Sunil Prajapati, was implicated in a case concerning the seizure of 86.355 litres of liquor from a Maruti Dzire vehicle he owned, under Sections 30(a), 32(1)&(3) and 41(1)&(2) of the Bihar Excise Act. He claimed he had no knowledge of the liquor being in the vehicle and maintained a clean criminal antecedent. The State opposed his request for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The petitioner was also directed to deposit Rs.1500 with the Lawyers’ Association.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences under the Bihar Excise Act.
- Whether ownership of the vehicle alone suffices to establish culpability for the possession of liquor.
- Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- seizure of liquor
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2935 of 2026
Arising Out of PS. Case No.-624 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
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Sunil Prajapati S/O Ram Murat Prajapati Resident of village - 22 Gram
Mathkau Diyan, P.O.- Shuna, P.S.- Khapur, District- Ghazipur (U.P)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
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 Sections 30(a),
32(1) & (3) and 41(1) & (2) 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 86.355 liters of liquor from a Maruti Dzire vehicle.
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
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.2935 of 2026(2) dt.28-01-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Suraj would misuse the vehicle in the manner as alleged.
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
Prohibition & Excise P.S. Bhabua Case No. 624 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
Patna High Court CR. MISC. No.2935 of 2026(2) dt.28-01-2026
3/3
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.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Lawyers’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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