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Patna High Court

Sanjay PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to cash bond, sureties and conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Sanjay Prasad, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly transporting illicit liquor, after police seized 100 litres from a seized vehicle and identified him based on a local chawkidar's information. He pleaded innocence, arguing that the prosecution’s case rests solely on suspicion with no admissible evidence, and sought anticipatory bail despite having nine prior criminal antecedents. The State opposed the bail application, contending that the allegations warranted custody. The High Court examined the lack of prima facie evidence and the petitioner’s claim of non‑involvement, and, while noting his criminal record, decided to grant anticipatory bail with a cash bond and sureties, subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order directs the petitioner to surrender within eight weeks and imposes cancellation clauses if undisclosed antecedents or false statements are discovered.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether there exists a prima facie case against the petitioner sufficient to deny bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39172 of 2026
                      Arising Out of PS. Case No.-69 Year-2026 Thana- THARTHARI District- Nalanda
                 ======================================================
                 Sanjay Prasad S/O Late Babu Chand Yadav, Resident of Village - Atwal Chak,
                 P.S. - Tharthari, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shyamal Prakash, Advocate
                 For the State           :        Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Tharthari P.S. Case No. 69 of 2026, dated

                   12.04.2026, registered for the offence punishable under Section

                   30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. As per allegation, on secret information, police

                   starting chasing Alto Car bearing Registration No. BR-21A-

                   2841 carrying illicit liquor. However, all three occupants of the

                   car were successful in fleeing away and the vehicle was seized

                   recovering 100 litre of illicit liquor. As per further police case,

                   the persons, who had fled away from the car, were named as

                   petitioner by the local chawkidar.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.39172 of 2026(2) dt.17-06-2026
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          petitioner is innocent and has falsely been implicated in this

          case. He further submits that as a matter of fact, petitioner is no

          way connected with the alleged offence. It is hard to believe that

          anybody can be successful to flee away from the place of

          occurrence where car is being chased and recovery is made by

          the police. He further submits that the whole prosecution case is

          based only on suspicion and there is no legally admissible

          evidence against the petitioner and no prima facie case is made

          out against him under the Excise Act and despite his criminal

          antecedent, he is entitled to get anticipatory bail.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has nine criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his
           Patna High Court CR. MISC. No.39172 of 2026(2) dt.17-06-2026
                                                       3/3




                     furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of learned concerned Court Below, in connection

                     with Tharthari P.S. Case No. 69 of 2026, subject to the

                     conditions as laid down under Section 482 (2) of the B.N.S.S.,

                     2023 and on the following conditions:

                                  (i) In case, it is brought to the notice of the court

                     below that the petitioner has any criminal antecedents other than

                     the disclosed one, learned court below shall cancel the bail

                     bonds of the petitioner after hearing him and getting satisfied

                     that the petitioner has concealed his criminal antecedents despite

                     his knowledge of the same.

                                  (ii) In case, it is brought to the notice of the court

                     below that statement regarding previous bail petition is wrong,

                     learned court below shall cancel the bail bonds of the petitioner.



                                                                    (Jitendra Kumar, J.)
ravishankar/-

U      T


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