Sanjay Kumar @ Sanjay YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14230 of 2026
                     Arising Out of PS. Case No.-54 Year-2025 Thana- BALIA BELON District- Katihar
                 ======================================================
                 Sanjay Kumar @ Sanjay Yadav Son of Late Yogendra Pd. Yadav Resident of
                 Village- Yadav Tola Ward No.34, P.S.- Nagar, District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimal Kumar
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 822 litres of liquor from a pick up

                   vehicle. It is next submitted that 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 create evidence against himself and
Patna High Court CR. MISC. No.14230 of 2026(2) dt.13-03-2026
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          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that Manoranjan would

          misuse his vehicle in the manner as alleged who was also

          apprehended from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          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.5000/- (Rupees five 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 Balia Belon P.S. Case No.54/2025, 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 more than

          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
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                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T