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Patna High Court

Sanjeet Kumar @ Sanjeet ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Sanjeet Kumar, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of liquor from his shop, which he had let on rent to Kalandar Singh. He argued that he had no conscious possession of the liquor, had a clean antecedent, and that the police relied on a confessional statement of a co‑accused, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior criminal case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the court’s inherent powers under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged recovery of liquor from the petitioner’s premises, without conscious possession, justifies arrest.
  • Whether a confessional statement of a co‑accused can be the sole basis for granting a warrant of arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC
  • clean antecedent
  • confessional statement
  • possession of liquor
  • tenant liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1681 of 2026
                    Arising Out of PS. Case No.-453 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Sanjeet Kumar @ Sanjeet Chaudhary Son of Late Sudama chaudhary
                 Resident of Village- Hanumangarhi PS- Akorhigola District -Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Siddharth Harsh, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026                  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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 3.85 liters of liquor from shop of the petitioner

                   along with 360 ml of liquor from possession of Chandan Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and the shop

                   belongs to the petitioner, but then the shop was given on rent to

                   one Kalandar Singh. It is also submitted that no prudent person
Patna High Court CR. MISC. No.1681 of 2026(2) dt.22-01-2026
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          would use his own premises for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is also submitted that petitioner was completely

          unaware that his tenant would misuse the shop in the manner as

          alleged and the police in mechanical manner implicated the

          petitioner based on confessional statement of Chandan in police

          custody which does not have any evidentiary value.

                       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 before the learned Trial Court

          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

          Akorhigola P.S. Case No. 453 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
            Patna High Court CR. MISC. No.1681 of 2026(2) dt.22-01-2026
                                                        3/3




                      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 person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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