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Patna High Court

Suresh LalversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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