Patna High Court
SharikversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
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
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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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