Patna High Court
SureshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted as the petitioner has a clean antecedent and no direct evidence of participation, subject to verification of his criminal record and compliance with conditions under Section 482(2).
Summary
The petitioner, Suresh, the owner of a vehicle from which 300.750 litres of liquor was seized, applied for anticipatory bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2016. He argued that he had no prior criminal record, was not arrested at the scene, and had no knowledge of his driver’s alleged misuse of the vehicle. The State opposed the bail, contending that ownership of the vehicle could implicate him in the offence. The High Court, considering the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to verification of his criminal record and conditions under Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the accused is merely the owner of a vehicle from which prohibited liquor was seized but is not in actual possession.
- Whether ownership of the vehicle alone establishes participation in offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether the court may impose conditions under Section 482(2) of the B.N.S.S. while granting anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70347 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Suresh S/O Naubat Singh R/o Brahman Basti Gharoli Village, P.S.- Distt.-
East Delhi
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Kant, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 32(3) of
Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 300.750 litres of liquor from Maruti Suzuki car. 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, would create evidence against himself and hence, would
Patna High Court CR. MISC. No.70347 of 2025(3) dt.07-01-2026
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get implicated. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Excise Court No.-II, Siwan in connection with Siwan Sadar
Excise P.S. Case No.59 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
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in that event, the present 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)
Sanjay/-
U T
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