Patna High Court

SANJEEV KUMARversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedent, with confirmation contingent on the trial court’s findings.

Summary

The petitioner, Sanjeev Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 2,203.2 litres of liquor from three vehicles. He argued that he was not arrested at the scene, had no possession of the liquor, and was not the owner of the vehicles, asserting a clean criminal record. The petitioner sought anticipatory bail, contending that the information leading to his implication came from a local chowkidar and that the FIR omitted the informant's name. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs. 500 bond and two sureties, directing the trial court to verify the petitioner’s antecedent before confirming the bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.
Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional bail.

Subjects

anticipatory bail
Bihar Excise Act
liquor seizure
clean antecedent
Section 30(a)
Section 482(2)
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26629 of 2026
                   Arising Out of PS. Case No.-24 Year-2026 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 SANJEEV KUMAR S/o Shambhu Mandal Resident of village- Naraha Got,
                 PS- Rajepur, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ujjwal Kumar Singh
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026               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 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 2203.2 litres of liquor from three different vehicles.

                             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

                   any of the seized vehicles and he came to be implicated at the

                   instance of Chowkidar and local people, but then it is submitted

                   that if Chowkidar was aware about the involvement of the
Patna High Court CR. MISC. No.26629 of 2026(2) dt.23-04-2026
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          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 and the name of the

          local person, who disclosed the name of the petitioner, is not

          disclosed in the FIR, when petitioner has not been implicated

          based on secret information and 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 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 Rajepur P.S. Case No. 24 of 2026, 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
              Patna High Court CR. MISC. No.26629 of 2026(2) dt.23-04-2026
                                                          3/3




                        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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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