Patna High Court
SatenderversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Satender, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 467 and 468 of the IPC and Section 30(a) of the Bihar Excise Act for alleged recovery of large quantities of liquor from a car and a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his vehicle would be misused by others. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, a deposit of Rs. 2,500 with the Advocates’ Association, and a six‑week window for surrender, subject to verification of the petitioner’s antecedent. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving offences under Sections 467, 468 IPC and Section 30(a) Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of its misuse justify granting bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
- Indian Penal Code — s. 467, 468
Subjects
- anticipatory bail
- IPC 467
- IPC 468
- Bihar Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73972 of 2024
Arising Out of PS. Case No.-288 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Satender S/o- Kanwar Singh Resident of Village- Gugod 174 Kosli Rewari
PS- Kosli Dist- Rewari Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Harshvardhan
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 31-01-2026 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 offences punishable under Sections 467 and
468 of IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 465 litres of liquor from a car and 1.800 litres of
liquor from a motorcycle.
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 car. It
is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.73972 of 2024(4) dt.31-01-2026
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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
Arman would misuse the vehicle in the manner as alleged, who
was also apprehended from the spot along with Sanjeev and
Jaseem.
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.
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
Durgawati P.S. Case No. 288 of 2023, 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 even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
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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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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