Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of criminal antecedents.
Summary
The petitioners, Pradeep Kumar and Laxmi Sahni, applied for anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 100 litres of liquor from two motorcycles. The petitioners argued that they were not arrested at the spot, that the liquor was not in their conscious possession, and that the second petitioner was unaware of the misuse of his vehicle. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail for six weeks upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of the petitioners' criminal antecedents under Section 482(2) of the BNSS. The order stipulates that if any petitioner is found to have concealed prior cases, the bail will not be confirmed for that individual; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the petitioners' criminal antecedents affect the grant and confirmation of anticipatory bail.
- Whether the circumstances of seizure and lack of conscious possession justify anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 30(a)
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14928 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Pradeep Kumar S/o- Raj Narayan Sahni Resident of village- Ismailpur PS
Hajipur Sadar Dist- Vaishali
2. Laxmi Sahni @ Lakshmi Sahni S/o- Mahavir Sahni R/v- Mahnar Ps-
Mahnar Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 100 litres of liquor from two
motorcycles.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
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recovered from their conscious possession and petitioner no. 2
came to be implicated based on the fact that he is owner of one
of the seized motorcycles. 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 hence
would get implicated, it is further submitted that petitioner no. 2
was completely unaware that Manish would misuse the vehicle
in the manner as alleged, who was also apprehended from the
spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
each 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 Hajipur Sadar P.S. Case No. 2 of 2026
subject to the conditions as laid down under Section Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
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event if it is found that petitioner no. 1 has antecedent of more
than one case and petitioner no. 2 has antecedent of even one
case then it would be presumed that petitioners, for the purposes
of seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 has antecedent of one case and
petitioner no. 2 is a 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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