Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents.
Summary
The petitioner, Sintu Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly transporting 73.200 litres of liquor in his Alto car. He argued that he had a clean record, that the liquor was not found in his personal possession, and that he was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail, contending that the offence warranted arrest. The High Court, considering the petitioner's clean antecedent and the circumstances of the seizure, granted provisional anticipatory bail subject to a modest bond and two sureties, and directed the trial court to verify his criminal record. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the vehicle used for alleged transport of liquor suffices to justify arrest.
- Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate for provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- vehicle ownership
- CrPC Section 482
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31869 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- CHHATAPUR District- Supaul
======================================================
Sintu Kumar S/o Anil Yadav Resident of Village- Machaha Ward No. 14, P.S.
- Triveniganj, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar
For the Opposite Party/s : Ms. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 73.200 litres of liquor from an Alto car. 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.31869 of 2026(2) dt.12-05-2026
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implicated. It is also submitted that the petitioner was
completely unaware that his driver 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.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 Chhatapur P.S. Case No.223/2025, 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.31869 of 2026(2) dt.12-05-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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