Patna High Court
Sikandar Kumar Choudhary @ Sikandar Kr. ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be provisionally granted when the accused has a clean antecedent and no evidence of personal possession of the contraband, subject to verification under Section 482(2) of the BNSS.
Summary
Sikandar Kumar Choudhary, the owner of a vehicle from which 750 ml of liquor was recovered, was charged under Sections 30(a) and 32(3) of the Bihar Excise Act. He was not arrested at the spot and did not have the liquor in his conscious possession; the allegation was based solely on his ownership of the vehicle. The petitioner, claiming a clean antecedent, applied for anticipatory bail, which the State opposed. The High Court examined whether ownership alone suffices for arrest and considered the petitioner’s lack of personal possession and clean record. Relying on Section 482(2) of the BNSS, the Court granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, with a condition that the trial court verify his antecedent. If any prior case is discovered, the bail may be cancelled; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the accused is implicated solely as the owner of a vehicle from which contraband was recovered
- Whether the petitioner’s clean antecedent and lack of personal possession justify the grant of anticipatory bail under the Bihar Excise Act
- Whether Section 482(2) of the BNSS permits provisional anticipatory bail subject to verification of antecedents
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- ownership of vehicle
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86159 of 2025
Arising Out of PS. Case No.-196 Year-2023 Thana- Excise P.S. District- Kishanganj
======================================================
Sikandar Kumar Choudhary @ Sikandar Kr. Choudhary son of Arjun
Choudhary Resident of Village- Chikania, Ps- Jama, Dist- Dumaka, State-
Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Adv
Mr. Subham Kumar, Adv
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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 30(a),
32(3) 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 750 ml of liquor from a 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
vehicle. It is next submitted that no prudent person would use
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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 Md. Sahid would misuse the vehicle in the manner as
alleged, who was also apprehended 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.
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 Excise
P.S. Case No. 196 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
Court, as such, the provisional anticipatory bail order shall not be
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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.
(Satyavrat Verma, J)
Sumit/-
U T
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