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Patna High Court

Amarjeet Sharma @ Amarjeet Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedents.

Summary

Amarjeet Sharma sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act for allegedly recovering 200 litres of Jawa Mahua from a poultry farm. He argued he had a clean antecedent, was not the owner of the farm, was not named in the FIR and no contraband was found in his possession. The State opposed the bail. The Court, after considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and directed the trial court to verify his antecedents. If any prior case is found, the bail will not be confirmed; otherwise it will be confirmed immediately. The order is subject to the conditions of Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Section 482 CrPC
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14103 of 2026
                     Arising Out of PS. Case No.-362 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Amarjeet Sharma @ Amarjeet Kumar Sharma S/O Mahesh Sharma Resident
                 of Vill.- Ajhaur, P.S- Nimachadpura ,District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Praveen Kumar Agrawal
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026                  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 Sections 30(a) and

                   30(d) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 200 litres of Jawa Mahua from a poultry farm. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   is not the owner of the poultry farm. It is also submitted that

                   petitioner is not named in the FIR and came to be implicated

                   during the course of investigation.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.14103 of 2026(2) dt.11-03-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  5. 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 Khagaria P.S. Case No.362/2025, subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T


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