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Patna High Court

Naveen Kumar Sah @ Naveen SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Naveen Kumar Sah, sought anticipatory bail after learning that he might be arrested in a case involving alleged recovery of 3,404.52 litres of liquor from four vehicles, with offences under Sections 317(5), 318(4), 338, 336(3), 340(2) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he has a clean antecedent, that no liquor was found in his immediate possession, and that he was merely the owner of one vehicle from which 135 litres were seized, claiming ignorance of the driver’s alleged misuse. The State opposed the anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties, and directed the trial court to verify the petitioner’s antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act.
  • Whether ownership of a vehicle from which liquor was recovered, without conscious possession, suffices to deny anticipatory bail.
  • Whether the petitioner’s claim of a clean criminal antecedent justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • narcotic offences
  • prohibition act
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32472 of 2026
                        Arising Out of PS. Case No.-63 Year-2025 Thana- SIMRI District- Darbhanga
                 ======================================================
                 Naveen Kumar Sah @ Naveen Sah S/o Ragho Sah R/o Village- Pahsaul, PS-
                 Katra, Distt- Muzaffarpur
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pradeep Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-06-2026                  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 317(5),

                   318(4), 338, 336(3) and 340(2) of the BNS as well as Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 3404.52 litres of liquor from four different vehicles

                   as detailed in the FIR.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is
Patna High Court CR. MISC. No.32472 of 2026(3) dt.25-06-2026
                                            2/3




          owner of one of the seized vehicles from which 135 litres of

          liquor is alleged to have been recovered. 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 implicated. It is also submitted that

          petitioner was completely unaware that his driver 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 appearing on behalf of the petitioner, let 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 Simri Bazar P.S.

          Case No. 63 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,
           Patna High Court CR. MISC. No.32472 of 2026(3) dt.25-06-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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