Patna High Court

Sharda Nand JhaversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent.

Summary

Sharda Nand Jha was implicated in a case (PS Case No.156/2021) for alleged possession of 68.4 litres of liquor in his Maruti car, invoking Sections 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Excise Act. He contended that he had a clean antecedent, was not in actual possession of the liquor, and that his nephew had misused the vehicle without his knowledge. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500, two sureties of the same amount, and a verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged liquor possession and vehicle ownership.
Whether ownership of the vehicle, without actual possession of the contraband, suffices to deny anticipatory bail.

Legislation cited

Indian Penal Code — s. 272, 273, 34

Subjects

anticipatory bail
vehicle ownership
liquor seizure
IPC sections 272 273 34
Bihar Excise Act
provisional bail
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12849 of 2026
                     Arising Out of PS. Case No.-156 Year-2021 Thana- KALUAHI District- Madhubani
                 ======================================================
                 Sharda Nand Jha S/O Late Vinit Lal Jha R/o Vill.- Dullipatti, P.S - Jaynagar,
                 District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Alias Ashok Karn, Adv
                 For the Opposite Party/s :       Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026               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 272, 273

                   and 34 of the IPC and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 68.4 litres of liquor from a Maruti car.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.12849 of 2026(2) dt.10-03-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his nephew (Sanket) would misuse the vehicle in the

          manner as alleged, who was also apprehended from the spot

          along with Aman.

                   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 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 Kaluahi P.S. Case No. 156 of 2021 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 even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.12849 of 2026(2) dt.10-03-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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