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Patna High Court

Sachit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Sachit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 79.560 litres of liquor from a mango orchard not belonging to him. He contended that the chaukidar, with whom he had a hostile relationship, implicated him without prior police notification, and that no liquor was found in his possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and subject to verification of the petitioner’s criminal antecedents. It directed that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent exists, the bail would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s alleged lack of possession and the chaukidar’s role justify denial of anticipatory bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23446 of 2026
                   Arising Out of PS. Case No.-317 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Sachit Kumar S/o Bandhu Yadav @ Banhu Yadav R/o Village- Dakshin
                 Telhua, Ward No. 04, P.S- Nautan, Dist- West Champaran.
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sachida Nand Rai, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, 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 has antecedent of one case under the Excise Act and

                   allegation is of recovery of 79.560 litres of liquor from a mango

                   orchard.

                                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.

                   It is further submitted that petitioner came to be implicated at

                   the instance of the Chawkidar with whom he is on an inimical
Patna High Court CR. MISC. No.23446 of 2026(2) dt.09-04-2026
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          term. It is next submitted that if the Chawkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to the institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       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.5,000/- (Rupees

          Five Thousand) 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 Nautan P.S. Case

          No. 317 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 more than 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
           Patna High Court CR. MISC. No.23446 of 2026(2) dt.09-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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