Patna High Court
Sanchu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
The petitioner, Sanchu Kumar, was implicated in a case (Excise P.S. Case No. 339 of 2025) for alleged possession of 30 litres of liquor recovered from a motorcycle he owned. He argued that he had no knowledge of the liquor being in the vehicle, had a clean criminal record, and was not in possession at the time of seizure. The State opposed his request for anticipatory bail. The Court considered the petitioner's clean antecedent and the circumstances of the alleged offence, and granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order also directed the trial court to verify the petitioner's antecedent and confirm or cancel the bail accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the circumstances of the seizure and the petitioner's lack of knowledge justify granting bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- excise offence
- liquor seizure
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1166 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- Excise P.S. District- Banka
======================================================
Sanchu Kumar Son of Subhash Choudhary Resident of Village- Khangah P.S-
Shambhuganj, Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 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 offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise (Amendment) Act,
2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized motorcycle. It is next submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.1166 of 2026(2) dt.20-01-2026
2/3
occurrence and thus would create evidence against himself and
hence would get implicated. It is next submitted that petitioner
was completely unaware that his friend would misuse the
vehicle in the manner as alleged.
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, let 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 Banka
Excise P.S. Case No. 339 of 2025, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
Patna High Court CR. MISC. No.1166 of 2026(2) dt.20-01-2026
3/3
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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