Patna High Court

Niraj Sah @ Niraj Kumar SahversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to the stipulated conditions and verification of his criminal antecedent.

Summary

The petitioner, Niraj Sah, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 500 ml of liquor recovered from a motorcycle he owned. He contended that he had a clean criminal record, was not in actual possession of the liquor at the time of seizure, and was unaware that another individual, Anil, had misused his vehicle. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 500 with two sureties and directed verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of liquor and ownership of the vehicle.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting provisional anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30
BNSS
Section 482
clean antecedent
liquor seizure
vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16578 of 2026
                       Arising Out of PS. Case No.-255 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Niraj Sah @ Niraj Kumar Sah S/O Raghunandan Rai @ Raghu Nandan Ray
                 R/O Vill.- Semariya, P.S.- Rivilganj, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :       Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 500 ml of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.16578 of 2026(3) dt.06-04-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Anil 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 petitioner.

                   6.     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 Baniyapur P.S. Case No. 255 of 2025, subject

          to the conditions as laid down under Section 482(2) of the

          BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

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

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.16578 of 2026(3) dt.06-04-2026
                                                          3/3




                        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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