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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Subodh Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016 for the alleged recovery of 1,500 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record, that the liquor was not found in his personal possession, and that he was unaware of any misuse of his vehicle by another individual. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, invoking its inherent powers under Section 482(2) of the Criminal Procedure Code. The order also directed the trial court to verify the petitioner’s antecedents; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed immediately. The decision reflects the court’s discretion to balance the petitioner’s right to liberty with the interests of justice.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Criminal Procedure Code in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.
  • Whether ownership of the vehicle from which liquor was recovered makes the owner liable for the offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Section 482
  • excise offence
  • vehicle ownership
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29803 of 2026
                   Arising Out of PS. Case No.-56 Year-2026 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Subodh Kumar Son of Makhan Sahni Resident of village - Simarkon, Ward
                 No.- 4, P.S.- Benipatti, District - Madhubani.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Subhash Kumar Jha
                 For the Opposite Party/s :        Mr. Suman Kumari Singh
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1.500 litres of liquor from a motorcycle and from

                   possession of Sonu. It is next submitted that 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 create evidence
Patna High Court CR. MISC. No.29803 of 2026(2) dt.05-05-2026
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          against himself and hence would get implicated. It is also

          submitted that the petitioner was completely unaware that Sonu

          would misuse his vehicle in the manner as alleged who was also

          apprehended from the spot along with Ashok.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Benipatti P.S. Case No.56/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.29803 of 2026(2) dt.05-05-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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