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Patna High Court

Sanchu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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