Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to strict conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Subham Kumar, was implicated in a case under Sections 30(a) and 56(b) of the Bihar Excise Act for the alleged recovery of 123.12 litres of liquor from his Maruti Suzuki car. He contended that he had a clean antecedent, was not in possession of the liquor, and that the vehicle was misused by his driver without his knowledge. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and deposit Rs.1500 with the Advocates’ Association, pending verification of his criminal antecedent. The order also stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court directed the trial court to verify the antecedent and to confirm or cancel the bail accordingly.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 56(b) of the Bihar Excise Act.
- Whether ownership of the vehicle used for the alleged offence is sufficient ground for arrest and denial of bail.
- Whether the petitioner’s claim of a clean antecedent justifies the grant of anticipatory bail.
- What conditions may be imposed under Section 482(2) of the BNSS for provisional anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 56
- vehicle ownership
- clean antecedent
- bail bond
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6135 of 2026
Arising Out of PS. Case No.-1360 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Subham Kumar S/O Shiv Shankar Prasad R/O Mohalla- Shantan, P.S-
Lakhisarai, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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
56(b) 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 123.12 liters of liquor from a Maruti Suzuki car.
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.6135 of 2026(2) dt.03-02-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his driver would misuse the vehicle in the manner as
alleged who also fled 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 Patna
Excise P.S. Case No. 1360 of 2025 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.6135 of 2026(2) dt.03-02-2026
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.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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