Patna High Court
Saraswati Nand Thakur @ S.N. ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Saraswati Nand Thakur, the owner of a vehicle from which 149.280 litres of liquor was seized, applied for anticipatory bail, claiming he had no knowledge of the liquor being in his vehicle and that the actual offender, Baiju, was apprehended at the spot. The petitioner argued that he had a clean antecedent and that ownership of the vehicle alone should not implicate him. The State opposed the bail, citing offences under Sections 30(a) and 32(3) of the Bihar Excise Act. The High Court granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioner’s criminal antecedent within six weeks. If the petitioner is found to have a clean record, the provisional bail will be confirmed; otherwise, it will be set aside.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for alleged offences under the Bihar Excise Act
- Whether ownership of the vehicle used in the alleged offence suffices to justify denial of bail
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44421 of 2026
Arising Out of PS. Case No.-560 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Saraswati Nand Thakur @ S.N. Thakur S/o Vijayanath Thakur R/o-
Makranda, P.S.- Manigachi, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
32(3) 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 149.280 liters of liquor from a car.
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
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 implicated,
Patna High Court CR. MISC. No.44421 of 2026(2) dt.08-07-2026
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it is also submitted that petitioner was completely unaware that
Baiju would misuse the vehicle in the manner as alleged who
was 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
Kishanganj Madya Nisedh P.S. Case No. 560 of 2026 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
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
Patna High Court CR. MISC. No.44421 of 2026(2) dt.08-07-2026
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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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