Patna High Court

Sikandar ChaudharyversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.

Summary

The petitioner, Sikandar Chaudhary, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 15 litres of liquor from his motorcycle. He argued that he had no prior criminal record and that the liquor was not found in his conscious possession, asserting that he was unaware of any misuse of his vehicle by another individual. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with the condition that the trial court verify his antecedents. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor in a vehicle not under his conscious control
Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of anticipatory bail under Section 482(2) of the B.N.S.S.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
liquor seizure
vehicle ownership
criminal antecedent
Bihar Prohibition and Excise Act
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31060 of 2026
                     Arising Out of PS. Case No.-18 Year-2026 Thana- HAYAGHAT District- Darbhanga
                 ======================================================
                 Sikandar Chaudhary S/o Satrudhan Chaudhary R/o Village - Manopur
                 Chakwa, P.S - Hayaghat, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar
                 For the Opposite Party/s :       Ms. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 15 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested 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 create evidence against himself and hence would get
Patna High Court CR. MISC. No.31060 of 2026(2) dt.07-05-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that Nitish would misuse his vehicle in the

          manner as alleged who was also apprehended from the spot.

                       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.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 Hayaghat P.S. Case No.18/2026, 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

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, 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 is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.31060 of 2026(2) dt.07-05-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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