Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Sanjay Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 43.5 litres of liquor from a motorcycle and a hut. He asserted that he has a clean antecedent, was not in possession of the liquor, and is not the owner of the seized vehicle or hut, claiming the investigation relied on secret information. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and deposit a further amount with the Lawyers’ Association, subject to verification of his criminal antecedent under Section 482(2) of the CrPC. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The court also directed that the trial court verify the antecedent before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged seizure justify denial of anticipatory bail.
- Whether the High Court may impose conditions, including verification of antecedent, under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30 Bihar Excise Act
- Section 482 CrPC
- high court
- clean antecedent
- bail conditions
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2620 of 2026
Arising Out of PS. Case No.-613 Year-2025 Thana- SARAIYA District- Muzaffarpur
======================================================
Sanjay Kumar S/o Kishandeo Mahto @ Kishande Mahto @ Vishandeo Mahto
R/o Village- Dokra, Police Station- Saraiya, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K.
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 43.5 litres of liquor from a motorcycle and a hut.
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 is not the owner of
the seized motorcycle or the hut and he came to be implicated
based on secret information which is the easiest way to
implicate someone without holding a proper investigation,when
Patna High Court CR. MISC. No.2620 of 2026(2) dt.28-01-2026
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petitioner admittedly is a person with clean antecedent.
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 Saraiya
P.S. Case No. 613 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
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
Patna High Court CR. MISC. No.2620 of 2026(2) dt.28-01-2026
3/3
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Lawyers’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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