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Patna High Court

SadakatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sadakat, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 281 and 125(B) of the Bihar Non‑Statutory (BNS) Act read with Section 30(a) of the Bihar Excise Act for allegedly recovering 19.5 litres of liquor from a Wagon R vehicle. He argued that he was not caught in possession, was not the owner of the vehicle, and the only link to him was a confessional statement made by another accused while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing his criminal antecedent of ten pending cases. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 50,000 with two sureties and appear before the trial court within six weeks, directing the trial court to verify his antecedent. It further held that if the antecedent exceeds ten cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his criminal antecedent and the nature of the evidence against him.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • excise law
  • confessional statement
  • Section 482
  • Section 281
  • Section 125B
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12783 of 2026
                    Arising Out of PS. Case No.-119 Year-2025 Thana- BAIRGACHHAI District- Araria
                 ======================================================
                 Sadakat S/O Md. Muslim @ Muslim R/O Village- Suryapur, Ward No. 15,
                 P.S- Bairgachi, Dist.- Araria.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :      Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026                  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 281 and

                   125(B) of the BNS read with Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of ten cases and allegation is of

                   recovery of 19.5 liters of liquor from a WagonR car.

                                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 is not the

                   owner of the seized vehicle and came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.12783 of 2026(2) dt.09-03-2026
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          custody which does not have any evidentiary value. It is also

          submitted that of late police has started implicating accused

          having criminal antecedent in a case relating to excise for

          obvious reasons without holding a proper investigation.

                       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.

          50,000/- (Rupees Fifty Thousand) 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 Bairgachi

          P.S. Case No. 119 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 more

          than 10 cases it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.12783 of 2026(2) dt.09-03-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of ten

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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