Patna High Court
Sujay Kumar @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent cases.
Summary
The petitioner, Sujay Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the alleged liquor recovery was from a location not owned by him and that he had no possession of the liquor. He has four prior criminal cases, three under the Excise Act, and claims the complaint was filed by an inimical chowkidar without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed verification of his antecedents. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; if exactly four are confirmed, the bail would be confirmed. The court exercised its powers under Section 482(2) of the B.N.S.S. to grant the bail.
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 prior criminal antecedents affect the grant of anticipatory bail
- Whether the alleged recovery of liquor from a place not belonging to the petitioner justifies anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Section 482
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26447 of 2026
Arising Out of PS. Case No.-143 Year-2026 Thana- MASHRAK District- Saran
======================================================
Sujay Kumar @ Sanjay Kumar S/o Prabhu Ray Resident of Village-
Gopalbari, P.S.- Masrakh, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases, out of which, three cases
are under the Excise Act and allegation is of recovery of
119.880 litres of liquor from an orchard of Harendra Sah. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and is accessible to villagers at large and he has no
relation or concern with Harendra Sah and he came to be
Patna High Court CR. MISC. No.26447 of 2026(2) dt.22-04-2026
2/3
implicated at the instance of chowkidar with whom he is on an
inimical term. It is also submitted thatif chowkidar was aware of
the involvement of the petitioner in the occurrence then why he
did not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
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.20,000/- (Rupees twenty 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 Masrakh P.S. Case No.143/2026, 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
Patna High Court CR. MISC. No.26447 of 2026(2) dt.22-04-2026
3/3
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
four cases, 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
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…