Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
Sujeet Kumar, the owner of an auto bearing No. BR01 AZ‑7185, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 70 litres of liquor from his vehicle. He was not arrested at the spot and the liquor was not found in his conscious possession; the driver allegedly fled and misused the vehicle without Kumar’s knowledge. The petitioner, represented by Mr. Ganesh Prasad Yadav, argued that he has a clean antecedent and that ownership of the vehicle alone should not constitute evidence of guilt. The State, through Mr. Vinod Shanker Modi, opposed the grant of anticipatory bail. The Court, considering the submissions and the lack of direct possession, granted provisional anticipatory bail subject to a bond of Rs. 500 and two sureties, pending verification of the petitioner’s criminal antecedent. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case of alleged possession of liquor in a vehicle he owns.
- Whether ownership of a vehicle, without conscious possession of the contraband, suffices for arrest under the Bihar Excise Act.
- What conditions may be imposed on provisional anticipatory bail pending verification of antecedents.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable and Security Services (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- ownership of vehicle
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29686 of 2026
Arising Out of PS. Case No.-1147 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Sujeet Kumar S/o Biraju Chouhan R/o - Fair Feld Colony Digha, P.S - Digha,
District - Patna (Owner of Auto bearing No. BR01 AZ - 7185
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Yadav
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 70 litres of liquor from a car.
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
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.29686 of 2026(2) dt.05-05-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his driver 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 for the petitioner, 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. 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. 1147 of
2024 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
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.29686 of 2026(2) dt.05-05-2026
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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