Patna High Court
Sanjay Kumar @ Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedent, with the bail to be confirmed only if no prior case is found.
Summary
The petitioner, Sanjay Kumar, was implicated in a case alleging recovery of 105 litres of liquor concealed under a tyre, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed to have a clean criminal record and argued that the liquor was recovered from a location not belonging to him and that he was not arrested at the spot, so no possession was established. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of the alleged recovery (no arrest at the spot and no possession in conscious control) justify the grant of anticipatory bail.
- Whether verification of the petitioner’s criminal antecedent can affect the confirmation of the provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- liquor seizure
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23426 of 2026
Arising Out of PS. Case No.-2 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Sanjay Kumar @ Sanjay Yadav Son of Vijendra Yadav Resident of Village-
Masardh Tola, P.S.- Udawantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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 offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 105 litres of liquor concealed beneath the tyre.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner and
he came to be implicated based on the secret information which is the
easiest way to implicate someone without holding a proper
investigation of the case, when petitioner admittedly is a person with
clean antecedent.
Patna High Court CR. MISC. No.23426 of 2026(2) dt.09-04-2026
2/2
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 appearing on behalf of the petitioner, let 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 Udawantnagar P.S. Case No. 02 of 2025, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of
the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner and
if it is found that petitioner has antecedent of even one case, it would
be presumed that petitioner had concealed his antecedent before this
Court at para 3 of the anticipatory bail application in that event the
provisional anticipatory bail order shall not be confirmed but if it is
found on verification that petitioner is a person with clean antecedent
in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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