Patna High Court
Suman Kumar Jayswal @ Suman Kumar Jaiswal @ Suman Kumar JaysavalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Suman Kumar Jayswal, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 165.480 litres of liquor from his Swift car. He contended that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that his driver misused the vehicle. The petitioner sought anticipatory bail, arguing that ownership of the vehicle alone should not render him culpable. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.30,000 and two sureties, directing the trial court to verify the petitioner’s criminal antecedent and to confirm the bail if he has no more than six prior cases, otherwise to revoke it. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged excise offences.
- Whether ownership of the vehicle used in the alleged offence suffices to establish culpability.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7153 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- Pothia District- Katihar
======================================================
Suman Kumar Jayswal @ Suman Kumar Jaiswal @ Suman Kumar Jaysaval
S/O Manoj Kumar Jaiswal Resident of Village - Shrimata Ward No. 2, P.S.-
Tikapatti, District - Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 the
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 165.480 litres of liquor from a Swift
Car.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.7153 of 2026(2) dt.19-02-2026
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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 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. 30,000/- (Rupees
Thirty 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 Pothiya P.S. Case No.
160 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 six
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.7153 of 2026(2) dt.19-02-2026
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of six cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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