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Patna High Court

Subhash AgarwalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated conditions.

Summary

Subhash Agarwal, owner of a motorcycle, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 25.98 litres of liquor from his vehicle. He argued that the liquor was not in his conscious possession and that he was unaware of any misuse of the vehicle by another individual, Md. Alam, who was apprehended at the spot. The petitioner, who has a clean antecedent, sought anticipatory bail, while the State opposed the relief. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs. 500 with two sureties and appears before the trial court within six weeks. The order also stipulated that the trial court verify the petitioner’s criminal antecedent, and if any prior case is found, the bail may be withdrawn; otherwise, the provisional bail will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of illicit liquor.
  • Whether the ownership of the vehicle, without conscious possession of the liquor, can constitute sufficient grounds for arrest.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 30
  • Section 32
  • Bihar Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.54 of 2026
                     Arising Out of PS. Case No.-235 Year-2022 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Subhash Agarwal Son of Late Puran Mal Agarwal Resident of Loharpatti
                 Road, Ward No. 5, P.S.- Kishanganj, District- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Radha Mohan Singh, Advocate
                 For the Opposite Party/s :         Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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) 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 25.98 liters of liquor from a motorcycle.

                                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.54 of 2026(2) dt.13-01-2026
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          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Md. Alam 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 Excise

          P.S. Case No. 235 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.54 of 2026(2) dt.13-01-2026
                                                        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


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