Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
Sunny Kumar, the owner of a motorcycle from which 9.37 litres of liquor were seized, sought anticipatory bail for alleged offences under Sections 317(4), 317(5), 111 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. He argued that he had no conscious possession of the liquor, was unaware of its misuse by a third party, and had a clean criminal record. The State opposed the 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 that the trial court verify his antecedent. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged seizure of liquor from his vehicle.
- Whether ownership of the vehicle alone can constitute sufficient basis for arrest under the cited statutes.
- Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 317(4), 317(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- vehicle ownership
- liquor seizure
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29732 of 2026
Arising Out of PS. Case No.-134 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Sunny Kumar Son of Madan Prasad Resident of Village - Ratanpura, P.S.-
Bhagwan Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari
For the Opposite Party/s : Mr.Arun Kumar
======================================================
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 Sections 317(4),
317(5) and 111 of BNS and 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 9.37 litres 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
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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 Anil 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 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 Bhagwan Bazar P.S. Case No. 134 of 2026
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
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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)
Sumit/-
U T
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