Patna High Court
Saty Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Saty Prakash Kumar, owner of a car and a scooty, was implicated in a case (PS Maner Case No. 746 of 2025) for alleged recovery of 129.6 litres of liquor from his car and 21.96 litres from his scooty, offences punishable under Section 30(a) of the Bihar Excise Act. He argued that he was not present at the spot, the liquor was not in his conscious possession, and he was unaware that his driver misused the vehicles. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.5,000 with two sureties and deposits Rs.2,500 with the Advocates’ Association, pending verification of his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The provisional bail is subject to the trial court’s verification and compliance with the conditions.
Issues considered
- Whether anticipatory bail can be granted when the accused is only the owner of the vehicle from which illicit liquor was seized and not in actual possession.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- vehicle ownership
- seizure of liquor
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6427 of 2026
Arising Out of PS. Case No.-746 Year-2025 Thana- MANER District- Patna
======================================================
Saty Prakash Kumar S/O Sheo Kumar Ray R/O VIll.- Bhawani Tola, Post-
Rampur Diyara, P.S- Maner, District- Patna, Bihar 801108.Owner of Alto K10
BRO1JA4898
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Rai
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 129.6 liters of liquor from a car and 21.96 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 car. It
Patna High Court CR. MISC. No.6427 of 2026(2) dt.04-02-2026
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is next submitted that no prudent person would use his own
vehicle for committing an occurrence and thus would 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.
5,000/- (Rupees Fives Thousand) 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 Maner
P.S. Case No. 746 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 more
than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.6427 of 2026(2) dt.04-02-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, 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.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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