Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Sanjay Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 34 of the Bihar Excise Act for allegedly recovering 5.7 litres of liquor from a public road. He argued that the liquor was not found in his possession, the location did not belong to him, and the informant’s identity was omitted from the FIR, suggesting reliance on secret information. The State opposed the bail. The court, after considering these submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than one prior case is found, the bail would not be confirmed; if only one prior case exists, the bail would be confirmed. The order was issued under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for alleged offences under Sections 30(a) and 34 of the Bihar Excise Act.
- Whether the lack of recovery from the petitioner’s possession and the omission of the informant’s name in the FIR affect the bail application.
Legislation cited
- Bihar Excise Act — s. 30(a), 34
- Bihar Negotiable/Criminal Procedure (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30
- section 34
- secret informant
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39042 of 2026
Arising Out of PS. Case No.-205 Year-2021 Thana- DAUDNAGAR District- Aurangabad
======================================================
Sanjay Kumar S/O Umori Paswan @ Brijan Paswan @ Brijan Chaudhari
Resident of village- Paswan Toli, ward no 9, Daudnagar, PS- Daudangar,
disrict- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar No.6
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 30(a) and
34 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 5.7 litres of liquor from a sack near a
road.
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 even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.39042 of 2026(2) dt.22-06-2026
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and is accessible to public at large and he came to be implicated
at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner, is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information.
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 before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) 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
Daudnagar P.S. Case No. 205 of 2021, 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 more
than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.39042 of 2026(2) dt.22-06-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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