Patna High Court
Surendar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.
Summary
Surendar Kumar was implicated in a case alleging recovery of 11.88 litres of liquor from his motorcycle, attracting charges under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he had a clean antecedent, was not in actual possession of the liquor, and was merely the owner of the vehicle used by another individual. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if any antecedent is found, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of alleged possession of liquor and ownership of the vehicle?
- Whether the petitioner’s clean antecedent and lack of actual possession justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 272 IPC
- Section 273 IPC
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68793 of 2025
Arising Out of PS. Case No.-15 Year-2024 Thana- BAISI District- Purnia
======================================================
Surendar Kumar S/O Jogi Paswan R/O Paramnandpur, Ward No.-10, P.S-
Srinagar, Distt.- Madhepura, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 offence punishable under Sections 272, 273 of
the IPC and Section 30(a) of Bihar Prohibition and Excise Act,
2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 11.88 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested 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
Patna High Court CR. MISC. No.68793 of 2025(3) dt.07-01-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Sanjay would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Bishwajeet.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
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 Baisi P.S.
Case No.15/2024, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
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provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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