Allowed¶21

Suraj kumar v. The State of Bihar

Patna HC20 Nov 2025CR. MISC./38094/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; provisional anticipatory bail; Section 30(a) Bihar Prohibition and Excise (Amendment) Act 2022; Section 482(2) BNSS; recovery of 36 litres of liquor; vehicle owner implicated; conscious possession; sale of vehicle to Muntun Singh; clean antecedent verification condition; bail bond Rs.500 with two sureties; Patna High Court; CR. MISC. No.38094 of 2025; DhanKund P.S. Case No.93/2023; District Banka; Justice Satyavrat Verma; order dated 20-11-2025.

What did the court decide?

Provisional anticipatory bail: release on arrest/surrender within six weeks on bail bonds of Rs.500/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation contingent on trial-court verification of clean criminal antecedents. ¶21

Suraj kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, apprehending arrest in DhanKund P.S. Case No. 93 of 2023 registered for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be granted anticipatory bail.

¶14

Court's answer

In the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

¶21

Ratio / Principle

The learned trial court shall thereafter verify the criminal antecedents of the petitioner; if even one case is found, it will be presumed the petitioner concealed his antecedents and the provisional anticipatory bail order shall not be confirmed; if verification shows clean antecedents, the provisional order shall be confirmed forthwith.

¶24

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court (Satyavrat Verma, J.), Cr. Misc. No.38094 of 2025, order dated 20-11-2025 – Petitioner apprehending arrest in DhanKund P.S. Case No.93/2023 (District Banka) for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 – Allegation of recovery of 36 litres of liquor from a car; petitioner implicated as owner of the seized vehicle though not arrested from the spot; petitioner claims to have sold the vehicle to Muntun Singh, who did not respond to police notice – Court directed that, on arrest or surrender within six weeks, the petitioner be released on provisional anticipatory bail on a bond of Rs.500/- with two sureties of like amount, subject to conditions under Section 482(2) of the B.N.S.S. – Trial court to verify criminal antecedents: any antecedent found to be treated as concealment and the provisional order shall stand unconfirmed; clean record to result in confirmation forthwith.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38094 of 2025

¶2

Arising Out of PS. Case No.-93 Year-2023 Thana- DHANKUND District- Banka

¶3

======================================================

¶4

Suraj kumar S/o Sadanand Mandal Village- Chandsuri Tola, PS- Chausa, District- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

5 20-11-2025

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

¶15

Learned counsel for the petitioner submits that the case was taken up on 01.09.2025, when a report was called from the I.O. of the case with regard to the sale letter of the vehicle.

¶16

Learned APP submits that he has received the report and from the report it appears that petitioner is the owner of the vehicle but then the learned APP submits that petitioner is claiming that he has sold the vehicle to Muntun Singh and the police has issued notice to Muntun but Muntun is not appearing and the petitioner has handed over the letter of the sale deed of

¶17

Patna High Court CR. MISC. No.38094 of 2025(5) dt.20-11-2025 2/3

¶18

the vehicle.

¶19

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 36 litres of liquor from a car. 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 hence would get implicated. It is next submitted that since petitioner has already sold his vehicle as he has no concern with the same but then police in a mechanical manner implicated him.

¶20

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶21

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

¶22

Patna High Court CR. MISC. No.38094 of 2025(5) dt.20-11-2025 3/3

¶23

the case is pending/successor court in connection with Dhankund P.S. Case No.93/2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

¶24

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 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.

¶25

(Satyavrat Verma, J)

¶26

amit/-

¶27

U T

Suraj kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ajay Kumar Singh @ Ajay Kumar Vs The State of Bihar

Sharda Devi Vs The State of Bihar

Badal Kumar Vs The State of Bihar

Krishna Kumar Yadav Vs The State of Bihar

Bhim Mandal Vs The State of Bihar

Amarjit Kumar Vs The State of Bihar