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Patna High Court

Sanjiv Kumar @ ModiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with bail conditions.

Summary

The petitioner, Sanjiv Kumar @ Modi, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 25 litres of liquor, seizure of a motorcycle, and destruction of 1,600 litres of raw material. He contended that he was not present at the spot, had no conscious possession of the seized items, was not the owner of the motorcycle, and that the FIR was based on undisclosed secret information. The State opposed the bail. The Court, after 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 criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • What is the applicability of anticipatory bail under Section 482(2) of the BNSS in the present case?
  • Whether the petitioner’s alleged lack of possession and ownership of the seized items warrants grant of anticipatory bail?
  • Whether the undisclosed source of information in the FIR affects the prosecution’s case?

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • seizure
  • possession
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18668 of 2026
                         Arising Out of PS. Case No.-965 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Sanjiv Kumar @ Modi son of Late Dananjay singh @ Dhananjay Prasad
                 Resident Of Village- Dumri, Ps- Fatuha, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mickey Singh, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  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

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 25 liters of liquor from bank of

                   Dhoba river and a motorcycle was seized and 1600 liters of raw

                   material was destroyed at the spot.

                                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 is not the

                   owner of the seized motorcycle and even alleged recovery is
Patna High Court CR. MISC. No.18668 of 2026(2) dt.16-04-2026
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          from a place which does not belong to the petitioner and is

          accessible to villagers at large and he came to be implicated at

          the instance of local person, but then the name of the person

          who disclosed the name of the petitioner is not disclosed in the

          FIR which casts an aspersion on the case of the prosecution,

          when petitioner has not been implicated based on secret

          information.

                       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 Fatuha

          P.S. Case No. 965 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 more
            Patna High Court CR. MISC. No.18668 of 2026(2) dt.16-04-2026
                                                        3/3




                      than 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 has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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