Patna High Court
Sultan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, surrender within six weeks, and verification of his antecedent.
Summary
The petitioner, Sultan Singh, sought anticipatory bail after a police case under Section 30(a) of the Bihar Excise Act alleged that 135 litres of liquor were recovered from his vehicle. He argued that he had no prior criminal record, was not present at the spot of seizure, and was unaware that his driver misused the vehicle. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs.500 with two sureties and a six‑week surrender to the trial court. The order further stipulated that the trial court must verify the petitioner’s antecedent; any undisclosed prior case would lead to cancellation of the bail, while a clean record would result in confirmation of the provisional bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle implicates the petitioner in the alleged offence.
- Whether the petitioner’s clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- section 30(a)
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46334 of 2026
Arising Out of PS. Case No.-64 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Sultan Singh S/o Surjeet Resident of Village - Waisar, (46), P.S.- Wasair,
District - Panipatt (Haryana)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) 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 135 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
Patna High Court CR. MISC. No.46334 of 2026(2) dt.14-07-2026
2/3
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his driver would misuse the vehicle in the manner as alleged
who 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 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
Durgawati P.S. Case No. 64 of 2022 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
Patna High Court CR. MISC. No.46334 of 2026(2) dt.14-07-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.