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Patna High Court

Amresh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his antecedent.

Summary

Amresh Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 35 litres of liquor from a motorcycle. He contended that he had a clean antecedent, was not the owner of the vehicle, and was falsely implicated by the chawkidar. The petitioner applied for anticipatory bail, arguing that he was not in conscious possession at the time of seizure. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.1,000 and two sureties, with verification of the petitioner’s antecedent to be conducted by the trial court. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, and it stipulated that the bail would be confirmed if the petitioner’s clean antecedent is verified.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the alleged offence?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • clean antecedent
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13128 of 2026
                      Arising Out of PS. Case No.-837 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Amresh Kumar Son of Vinay Kumar Sahni @ Vinay Sahni Resident of
                 village- Jarangi Jarang Rampur, P.S- Vaishali, (Balsar OP) Dist- Vaishali
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 35 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 is not the owner of the seized vehicle and came to

                   be implicated at the instance of the Chawkidar but then it is

                   submitted that if the Chawkidar was aware of the involvement

                   of the petitioner in the occurrence then why he did not inform
Patna High Court CR. MISC. No.13128 of 2026(2) dt.10-03-2026
                                            2/3




          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution. It is next submitted

          that it appears that the Chawkidar, in order to save the real

          culprits, falsely implicated the petitioner, when petitioner

          admittedly is a person with clean antecedent.

                       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 within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.1,000/- (Rupees One 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 Vaishali (Belsar O.P.) P.S. Case No.

          837 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       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.13128 of 2026(2) dt.10-03-2026
                                                       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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