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Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents.

Summary

The petitioner, Sanjeet Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/22 for the alleged recovery of 82.125 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record, that the liquor was not found in his immediate possession, and that he was unaware of his friend’s alleged misuse of the vehicle. The State opposed his application for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties of the same amount, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order conditioned confirmation of bail on the trial court’s verification of the petitioner’s antecedents, with bail to be denied if any prior case is found and confirmed if he is found to have a clean record.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/22
  • Whether the petitioner’s clean antecedent warrants confirmation of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36957 of 2026
                      Arising Out of PS. Case No.-180 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Sanjeet Kumar S/O Suraj Kumar @ Suraj Yadav Resident of Village-
                 Masaundha, P.O.- Bhalua, P.S- Mohanpur, District- Gaya.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018/22.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 82.125 litres of liquor from a motorcycle.

                                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

                   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,
Patna High Court CR. MISC. No.36957 of 2026(2) dt.16-06-2026
                                            2/3




          would get implicated. It is also 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 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 Mohanpur P.S.

          Case No. 180 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,

          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
           Patna High Court CR. MISC. No.36957 of 2026(2) dt.16-06-2026
                                                       3/3




                     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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