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Patna High Court

Suranjan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Suranjan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 32 litres of liquor were recovered from his motorcycle. He argued that he was not arrested on the spot, had no liquor in his possession, and was unaware that a friend misused his vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order further directed the trial court to verify the petitioner’s criminal antecedent; if more than one prior case is found, the bail would not be confirmed, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
  • Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39323 of 2026
                       Arising Out of PS. Case No.-270 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Suranjan Kumar S/O Krishna Ray R/o vill- Chiraiya, PS - Salimpur, District -
                 Patna
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 32 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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,
Patna High Court CR. MISC. No.39323 of 2026(2) dt.22-06-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who was also fled 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 appearing on behalf of the petitioner, let 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.5,000/- (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 Salimpur P.S. Case

          No. 270 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one

          case, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.39323 of 2026(2) dt.22-06-2026
                                                       3/3




                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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