Patna High Court
Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of his antecedent.
Summary
The petitioner, Saroj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 45 litres of liquor from a scooty he owned. He argued he had a clean antecedent, was not in possession of the liquor, and was unaware that another person misused his vehicle. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a deposit of Rs. 2,500 with the Advocates’ Association, pending verification of the petitioner’s criminal antecedent. The order is conditional under Section 482(2) of the CrPC and will be confirmed if the petitioner is found to have no prior cases. If any antecedent is discovered, the bail will not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession justify granting bail.
- Whether conditions under Section 482(2) of the CrPC can be imposed on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- clean antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1927 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- AMBA District- Aurangabad
======================================================
Saroj Kumar S/O Tapeshwar Yadav R/O village- Kusha, P.S.- Madanpur,
Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 45 litres of liquor from a scooty.
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.1927 of 2026(2) dt.27-01-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Upendra 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 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 Amba
P.S. Case No. 110 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
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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