Patna High Court

Suraj KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s criminal antecedents.

Summary

Suraj Kumar, the owner of a motorcycle from which 6.48 litres of liquor was seized, sought anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, arguing that he was not in possession of the liquor and was unaware of his friend's alleged misuse of the vehicle. The State opposed the bail. The Court noted that the petitioner had a prior case under the Excise Act but emphasized that mere ownership of the vehicle does not automatically implicate him. It granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without possession of the contraband.
Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
Section 482
Bihar Prohibition and Excise Act
vehicle ownership
possession
criminal antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84930 of 2025
                   Arising Out of PS. Case No.-507 Year-2024 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Suraj Kumar Son of Mohan Prasad @ Mohan Paswan Resident of Village-
                 Baswariya Daroga Tola Ward No. 30, P.S.- Bettiah, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 6.48 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 would create evidence against himself and
Patna High Court CR. MISC. No.84930 of 2025(3) dt.20-01-2026
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          hence would get implicated. It is thus submitted that the

          petitioner was completely unaware that his friend would misuse

          his vehicle in the manner as alleged.

                       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.5000/- (Rupees five 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 Nautan

          P.S. Case No.507/2024, 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 more than

          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

          on verification it is found that petitioner has antecedent of one
             Patna High Court CR. MISC. No.84930 of 2025(3) dt.20-01-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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