Patna High Court
SadakatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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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