Patna High Court
Suresh LalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
A person not apprehended at the spot and lacking conscious possession of contraband may be granted anticipatory bail, subject to verification of a clean antecedent, under Section 482(2) of the CrPC.
Summary
The petitioner, Suresh Lal, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 147 litres of liquor from his motorcycle. He argued that he was not present at the spot, had no conscious possession of the liquor, and was implicated merely because he owned the vehicle, which his son Vikash used. The petitioner sought anticipatory bail, asserting a clean criminal record, while the State opposed the relief. The court granted provisional anticipatory bail, subject to the petitioner furnishing bail bonds and two sureties, and directed verification of his antecedent by the trial court. It further held that if any prior case is discovered, the provisional bail would not be confirmed, but if his antecedent remains clean, the bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used by the petitioner’s son suffices to implicate the petitioner.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- ownership of vehicle
- clean antecedent
- Section 482
- Criminal Procedure Code
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89556 of 2025
Arising Out of PS. Case No.-135 Year-2025 Thana- KUTUMBA District- Aurangabad
======================================================
Suresh Lal S/o Jagarnath Lal Sinduriya R/o vill- Deo Road, P.S.- Amba,
Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 147 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.89556 of 2025(2) dt.22-01-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his son, Vikash, would misuse the vehicle in the manner as
alleged who was also apprehended from the spot and the police
made Vikash confess the name of the petitioner.
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 Kutumba
P.S. Case No. 135 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 even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.89556 of 2025(2) dt.22-01-2026
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antecedent before this 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.
(Satyavrat Verma, J)
Rishabh/-
U T
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