Patna High Court
Munesh @ Munesh Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail, subject to conditions, pending verification of his criminal antecedent.
Summary
The petitioner, Munesh Kumar Sharma, owner of a vehicle from which 10,214.4 litres of liquor was seized, sought anticipatory bail alleging he had no knowledge of the illicit use of his vehicle and maintains a clean criminal record. The State opposed the bail, contending the petitioner is implicated under Sections 30(a), 36, and 41(i)(ii) of the Bihar Excise Act. The court considered that mere ownership of the vehicle does not automatically establish participation in the offence and that the petitioner was not found in possession of the liquor at the time of seizure. Accordingly, the court granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s antecedent within six weeks. The order also required the petitioner to deposit a further amount with the Advocates’ Association and stipulated that the bail would be confirmed only if the petitioner is found to have a clean antecedent after verification.
Issues considered
- Whether ownership of a vehicle used in the transport of illicit liquor makes the owner liable under Sections 30(a), 36, and 41(i)(ii) of the Bihar Excise Act.
- Whether anticipatory bail is appropriate in the present circumstances.
- Whether conditions under Section 482(2) of the BNSS may be imposed on the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- seizure of liquor
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56439 of 2024
Arising Out of PS. Case No.-317 Year-2023 Thana- FALKA District- Katihar
======================================================
Munesh @ Munesh Kumar Sharma S/o Veerpal Sharma Resident of village
sikarpur Near Bhagat Hotel P S Sikarpur District Buland Sahar, U P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kunwar Ajit Singh
For the Opposite Party/s : Mr.Dashrath Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 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), 36,
41(i)(ii) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 10214.4 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested 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
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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
Yogesh would misuse the vehicle in the manner as alleged, who
was also apprehended from the spot along with Devendra.
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 Falka
(Pothiya OP) P.S. Case No. 317 of 2023, 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
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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.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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