Patna High Court
Sanjay PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
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
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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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