Patna High Court

Amit SharanversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner, subject to conditions and verification of antecedents.

Summary

The petitioner, Amit Sharan, feared arrest in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act for alleged recovery of liquor from two motorcycles, one of which he owned. He argued that he had no possession of the liquor, had a clean antecedent, and was unaware that his brother misused his vehicle. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents. If a prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Prohibition and Excise Amendment Act
Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Amendment Act
liquor seizure
clean antecedent
ownership of vehicle
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26408 of 2026
                          Arising Out of PS. Case No.-67 Year-2023 Thana- BEUR District- Patna
                 ======================================================
                 Amit Sharan S/o Gajendra Nath Sharan R/o Mohalla- Nipura Betauda, P.S.-
                 Beur, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Prasad Sinha
                 For the Opposite Party/s :       Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 Sections 30(a) and

                   37 of Bihar Prohibition and Excise Amendment Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1 litres of liquor from a motorcycle and 39 litres of

                   liquor from another motorcycle.                 It is next submitted that

                   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 one of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.26408 of 2026(2) dt.22-04-2026
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          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that his brother Ranjit would misuse his

          vehicle in the manner as alleged who was also apprehended

          from the spot along with Sunny and Nitil.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Beur P.S. Case No.67/2023, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.26408 of 2026(2) dt.22-04-2026
                                                         3/3




                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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