Patna High Court
Sambhu Prasad @ Shambhu PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents.
Summary
The petitioner, Sambhu Prasad, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly transporting 50 litres of liquor in his motorcycle. He argued that he had no knowledge of the liquor, was not in possession at the time of seizure, and has a clean criminal record. The State opposed his request for anticipatory bail. The Court considered the petitioner’s lack of direct involvement, his clean antecedent, and the fact that the vehicle owner is not automatically liable for the acts of a friend. Accordingly, the Court granted provisional anticipatory bail subject to a modest bond and two sureties, and directed the trial court to verify his antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioner’s ownership of the vehicle, without possession of the liquor, suffices to justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- possession
- vehicle ownership
- liquor seizure
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80363 of 2025
Arising Out of PS. Case No.-351 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Sambhu Prasad @ Shambhu Prasad S/o Devendra Prasad R/o Village /
Mohalla - Ward no. 8, Chakhusain, Khusrupur, P.S - Khusrupur, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kant Singh
For the Opposite Party/s : Mr. Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from a motorcycle. 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
Patna High Court CR. MISC. No.80363 of 2025(3) dt.23-02-2026
2/3
would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Rahui
P.S. Case No.351/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.80363 of 2025(3) dt.23-02-2026
3/3
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)
amit/-
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