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Patna High Court

Sandeep KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Sandeep Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving alleged recovery of 110 litres of liquor from a motorcycle. He argued that the seizure was not from his conscious possession, he was not the vehicle owner, and the case was based on secret information without proper investigation. The State opposed the bail, contending the seriousness of the offence and the petitioner’s prior two excise cases. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a Rs.10,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. It further directed that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two prior cases are verified.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior two excise cases affect the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the Bihar Narcotic Substances Act (B.N.S.S.) are applicable to the anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Section 438
  • criminal antecedent
  • provisional bail
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15013 of 2026
                      Arising Out of PS. Case No.-187 Year-2024 Thana- LACHHUAR District- Jamui
                 ======================================================
                 Sandeep Kumar Son of Balmiki Yadav Resident of Village- Panchmahua PS
                 -Sikandra District -Jamui
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 110 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 based on the secret information which the easiest

                   way to implicate someone. It is next submitted that once an
Patna High Court CR. MISC. No.15013 of 2026(2) dt.17-03-2026
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          accused is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       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.10,000/- (Rupees Ten 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 Lachhaur P.S. Case No. 187 of 2024,

          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 more than two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.15013 of 2026(2) dt.17-03-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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