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Patna High Court

Sattan Prasad VermaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioner, Sattan Prasad Verma, sought anticipatory bail after a police case under Section 30(a) of the Bihar Excise Act alleged that 90 litres of liquor were recovered from a scooty he owned. He argued that he had no prior criminal record, the liquor was not found in his conscious possession, and he was unaware that a friend misused his vehicle. The State opposed the bail, contending the allegations warranted arrest. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether mere ownership of the vehicle used in the alleged offence justifies denial of anticipatory bail.
  • Whether the petitioner’s clean criminal antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58200 of 2025
                  Arising Out of PS. Case No.-605 Year-2023 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
                 Sattan Prasad Verma S/o Khushi Prasad R/o Village - Opposite Biscuit
                 Factory More Nasriganj dinapur cum Khagaul, P.S.- Danapur, Dist. - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rambabu Yadav, Advocate
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 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 90 liters of liquor from a Scooty.

                                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.58200 of 2025(3) dt.06-01-2026
                                            2/3




          create evidence against himself and hence 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 also fled from the place of occurrence.

                       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 City

          Chowk P.S. Case No. 605 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
            Patna High Court CR. MISC. No.58200 of 2025(3) dt.06-01-2026
                                                        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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