Patna High Court
Sanjeet Kumar @ Sanjeet ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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