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Patna High Court

Suman Kumar Jayswal @ Suman Kumar Jaiswal @ Suman Kumar JaysavalversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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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