Patna High Court
Sakaldeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Sakaldeep Kumar, was implicated in a case involving the seizure of 40 litres of liquor from an auto, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was not present at the spot of seizure, had no conscious possession of the liquor, and was merely the owner of the vehicle used by another individual. The petitioner, with a clean antecedent, sought anticipatory bail, arguing that a prudent person would not use his own vehicle to commit the offence. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s criminal antecedents, directing that the bail be confirmed only if no antecedent is found, otherwise it would be withdrawn. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances
- Whether the petitioner’s ownership of the vehicle implicates him in the offence under Section 30(a) of the Bihar Prohibition and Excise Act
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- Section 482 CrPC
- clean antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17446 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Sakaldeep Kumar S/o Nandu Mahto R/o Village- Mangla Mai Mandir,
Mirchaya Tola, PS- Alamganj, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Pandey
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 40 litres of liquor from an auto. It is next submitted
that 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
create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.17446 of 2026(2) dt.19-03-2026
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It is also submitted that the petitioner was completely unaware
that Ajay would misuse his vehicle in the manner as alleged
who was also apprehended from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Alamganj P.S. Case No.61/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.17446 of 2026(2) dt.19-03-2026
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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