Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions.
Summary
Suraj Kumar and Kapildeo Mistry applied for anticipatory bail anticipating arrest in a case registered under Sections 30(a) and 47 of the Excise Act for the alleged recovery of 150 litres of liquor from a Hyundai car. They contended that they have clean antecedents, were not in possession of the liquor at the time of seizure and that the vehicle owner should not be presumed guilty for the driver’s alleged misconduct. The State opposed the bail on the ground of the seriousness of the offence. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail‑bonds of Rs.500 each with two sureties, subject to the conditions of Section 438(2) CrPC and verification of their criminal antecedent. The order also required the petitioners to deposit Rs.2500 with the Advocates’ Association, Patna High Court. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the CrPC to the petitioners
- Whether ownership of the vehicle implicates the owners under Sections 30(a) and 47 of the Excise Act
- Whether the petitioners’ clean antecedent warrants the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 47
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- vehicle ownership
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6093 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- DHAMDAHA District- Purnia
======================================================
1. Suraj Kumar S/O Pawan Bhagat R/O Village- Puraini Bazar, P.S- Puraini,
Distt.- Madhepura.
2. Kapildeo Mistry S/O Multo Mistry R/O Village- Balatol, P.S- Puraini, Distt.-
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) and 47 of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 150 litres of liquor from a Hyundai
Car.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and petitioner no.2
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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 a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner no.2 was
completely unaware that his driver would misuse the vehicle in
the manner as alleged who also fled from the spot. It is further
submitted that petitioner no.1 is not the driver of the vehicle.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Dhamdha P. S. Case No.285 of 2025, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.6093 of 2026(2) dt.03-02-2026
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accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.2500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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