Patna High Court
Amarjeet Sharma @ Amarjeet Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
- Criminal Procedure Code — s. 482(2)
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/-
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