Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Sanjay Kumar, feared arrest in a case under Sections 30(a) and 32(3) of the Bihar Excise Act involving the alleged recovery of 292.050 litres of liquor from an auto and a godown. He argued that he was not in possession of the seized items, was not the owner, and was implicated solely on secret information without proper investigation. 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 a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedent. The order is subject to Section 482(2) of the BNSS, and if the petitioner is found to have more than four prior cases, the bail will not be confirmed; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of four cases affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- Bihar Excise Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29790 of 2026
Arising Out of PS. Case No.-351 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Sanjay Kumar S/o Ganesh Paswan R/o Village - Jagdamba Nagar, P.S -
Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which two cases
are under the Excise Act and allegation is of recovery of
292.050 liters of liquor from an Auto and a godown.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and the godown and he came to be
implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.29790 of 2026(2) dt.05-05-2026
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to implicate someone. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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.
20000/- (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 Excise
P.S. Case No. 351 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 more
than four cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.29790 of 2026(2) dt.05-05-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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