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Patna High Court

Vikash SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to conditions and verification of his antecedent.

Summary

Vikash Sharma, the owner of a truck from which 4,276.8 litres of liquor was seized, was charged under Sections 30(a), 41 and 56 of the Bihar Excise Act. He contended that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that the consignee would misuse his vehicle. He applied for anticipatory bail, arguing that ownership alone should not make him liable. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and a six‑week window for surrender, and ordered verification of his criminal antecedent before confirming the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether ownership of the vehicle used for transporting liquor makes the owner liable under the Bihar Excise Act.
  • Whether a clean antecedent is a condition for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • seizure of liquor
  • ownership liability
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37911 of 2026
                         Arising Out of PS. Case No.-71 Year-2024 Thana- SAHPUR District- Patna
                 ======================================================
                 Vikash Sharma Son of Shri Radheshyam Sharma @ Ragheshyam Sharma
                 Resident of Vilalge- Sinodiya, P.S.- Fulera Tehsil, Sambhar Lek District-
                 Jaypur Gramin (Rajsthan).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamal Kishore Singh, Advocate
                 For the Opposite Party/s :        Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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 offences punishable under Sections 30(a), 41

                   and 56 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 4276.8 liters of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 truck.

                   It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.37911 of 2026(2) dt.17-06-2026
                                            2/3




          vehicle for committing an occurrence and thus would create

          evidence against himself and hence would get implicated and at

          the same time shall bring disrepute to his business, it is further

          submitted that petitioner was completely unaware that

          consignee would misuse the vehicle in connivance with Sunil

          and Gopal who were also apprehended from the spot.

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

          anticipatory bail of the petitioner.

                       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 Trial Court

          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 Shahpur

          P.S. Case No. 71 of 2024 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.37911 of 2026(2) dt.17-06-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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