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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.6093 of 2026(2) dt.03-02-2026
                                            2/3




          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
                                                           3/3




                         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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