Patna High Court
Sajan Kumar Byadha @ Sajan ByadhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to surrender, bail bonds, sureties and verification of his antecedents under Section 482(2) of the BNSS.
Summary
The petitioner, Sajan Kumar Byadha, sought anticipatory bail after the police registered a case under Sections 30(a) and 32 of the Bihar Excise Act for the alleged recovery of 139.2 litres of liquor and seizure of two motorcycles from a room behind a hotel. He contended that he had no prior criminal record, was not in possession of the seized items, and was implicated solely on the basis of a shopkeeper’s statement without proper investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his antecedents. The order stipulated that if any prior case is discovered, the bail would be revoked, but if his clean record is confirmed, the bail would be affirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 32 of the Bihar Excise Act.
- Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 482
- criminal antecedent
- seizure of liquor
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29912 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- KORHA District- Katihar
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Sajan Kumar Byadha @ Sajan Byadha S/o Domu Byadha @ Domi Byadha
Resident of Village - Basgadda, P.S. - Korha, Dist. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar Singh
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 139.2 liters of liquor from a room situated behind
the hotel of Rahul Chaudhary and two motorcycles were seized.
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 any of the seized vehicles nor the room from where the
liquor was recovered belongs to him and has no concern or
Patna High Court CR. MISC. No.29912 of 2026(2) dt.06-05-2026
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relation with Rahul and came to be implicated at the instance of
shopkeeper, Sanjay Chaudhary, who was present at the place of
occurrence. It is also submitted that police in mechanical
manner implicated the petitioner without holding proper
investigation based on disclosure made by Sanjay Chaudhary.
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.
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 Korha
P.S. Case No. 13 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
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.29912 of 2026(2) dt.06-05-2026
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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)
Rishabh/-
U T
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