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Patna High Court

Sujay Kumar @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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
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                       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


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