Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Suraj Kumar applied for anticipatory bail under Section 438 of the CrPC in connection with offences under Sections 30(a) and 30(c) of the Excise Act, alleging that liquor was recovered from a cowshed belonging to Vijay Yadav and from a scooty he owned. He has four prior criminal cases, one of which is also under the Excise Act, but argues that he was not present at the scene, had no conscious possession of the liquor, and was unaware that his friend misused his vehicle. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedent. The order is subject to Section 438(2) conditions and may be revoked if more than four prior cases are discovered.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences under the Excise Act where the accused was not arrested at the spot and had no conscious possession of the contraband.
- Whether the petitioner’s prior criminal antecedent of four cases, including one under the Excise Act, bars the grant of anticipatory bail.
- Whether the alleged recovery of liquor from a third‑party’s cowshed and the petitioner’s ownership of the vehicle used in the alleged offence affect the bail application.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- criminal antecedent
- bail bond
- liquor seizure
- non‑possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31831 of 2026
Arising Out of PS. Case No.-47 Year-2023 Thana- BIHAR District- Nalanda
======================================================
Suraj Kumar S/O Karu Chaudhary Resident of village- Gauragarh, Post
office- Bihar Sharif, Police Station- Bihar Sharif, District-Nalanda, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aklavya Chandan Kumar
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a)(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases out of which one case
is under the Excise Act and allegation is of recovery of 40 litres
of liquor from cowshed of Vijay Yadav and 02 litres of liquor
from a scooty.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a cowshed, which does not belong to the
Patna High Court CR. MISC. No.31831 of 2026(2) dt.12-05-2026
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petitioner and petitioner has no concern or relation with Vijay
and he came to be implicated based on the fact that he is owner
of the seized scooty. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also fled from the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.20,000/- (Rupees Twenty 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 Bihar P. S. Case No.47 of 2023, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.31831 of 2026(2) dt.12-05-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than four cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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