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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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