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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail subject to bond, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Sujit Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 45 litres of liquor from a motorcycle he owned. He argued that he was not arrested at the spot, the liquor was not in his conscious possession, and that his friend had misused the vehicle without his knowledge. The State opposed his prayer for anticipatory bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner's criminal antecedents under Section 482(2) of the Bihar Negotiable Securities Act. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • vehicle ownership
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31090 of 2026
                       Arising Out of PS. Case No.-415 Year-2022 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Sujit Kumar S/O Kuldip Prasad R/O Vill.- Kusumpur @ Kusumhar, P.S.-
                 Wazirganj, Dist.- Gaya Ji, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Abhigyan
                 For the Opposite Party/s :       Mr. Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  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 Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 45 litres of liquor from a motorcycle.

                   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 against himself and hence would get
Patna High Court CR. MISC. No.31090 of 2026(2) dt.07-05-2026
                                            2/3




          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       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.5000/- (Rupees five thousand) 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 Fatehpur P.S. Case No.415/2022, 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 more than

          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 has antecedent of one

          case, in that event the provisional anticipatory bail order shall be
             Patna High Court CR. MISC. No.31090 of 2026(2) dt.07-05-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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