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Patna High Court

SureshversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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,
               Patna High Court CR. MISC. No.70347 of 2025(3) dt.07-01-2026
                                                           3/3




                         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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