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Patna High Court

SharikversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2).

Summary

The petitioner, Sharik, was implicated in a case involving the seizure of 270.525 litres of liquor and two vehicles, alleged to be connected to an offence under Section 30(a) of the Bihar Excise Act. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his vehicle would be misused by another individual. The State opposed his request for anticipatory bail. The High Court, considering his clean antecedent and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, and directed verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the powers under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail under Section 482(2) of the Code of Criminal Procedure.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482 CrPC
  • clean antecedent
  • vehicle seizure
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37464 of 2026
                  Arising Out of PS. Case No.-455 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Sharik S/o Jahid Hasan @ Jahid Hassan R/O Gandhi Nagar Colony,
                 Jagadhari, P. S - Yamunanagar, District - Yamunanagar, Haryana

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Nawal Kishor Prasad
                 For the Opposite Party/s :     Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 270.525 litres of liquor from a place behind the new

                   Samdarshi Trading Company godown and two vehicles were

                   seized.

                             4.    Learned counsel for the petitioner submits that the

                   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 one of the
Patna High Court CR. MISC. No.37464 of 2026(2) dt.29-06-2026
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          seized vehicles. 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 further submitted that petitioner was completely

          unaware that Maniklal would misuse the vehicle in the manner

          as alleged, who was also apprehended 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 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 Bahadurpur P.S. Case No. 455 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
              Patna High Court CR. MISC. No.37464 of 2026(2) dt.29-06-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        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)
Sumit/-

U         T


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