Patna High Court

Sagar Ali @ Saghar AliversusThe State of Bihar

Decided: 6 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Sagar Ali, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly having 26 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent, was not in conscious possession of the liquor, and was merely the owner of the vehicle used by a friend who fled the scene. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the Bihar Excise Act when the alleged contravention involves liquor found in a vehicle he owns but not in his conscious possession.
Whether the petitioner’s clean antecedent and lack of direct involvement justify the grant of anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
possession
vehicle ownership
criminal antecedent
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30716 of 2026
                 Arising Out of PS. Case No.-575 Year-2025 Thana- RAMNAGAR District- West Champaran
                 ======================================================
                 Sagar Ali @ Saghar Ali S/o Shamsul Hoda R/oVillage - Mathiya, Ward No.
                 10, Police Station - Ram Nagar, District - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kr Singh No. 1
                 For the Opposite Party/s :      Mr. Md. Anzarul Haque Sahara
                 ======================================================
                 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 Section 30(a) 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 26 liters of liquor from a motorcycle.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.30716 of 2026(2) dt.06-05-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged who also fled from the spot.

                       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

          Ramnagar P.S. Case No. 575 of 2025 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

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.30716 of 2026(2) dt.06-05-2026
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                      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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