Patna High Court
Sajjad Ali @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner with specified conditions under Section 482 of the BNSS, 2023.
Summary
The petitioner, Sajjad Ali, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving alleged possession of 195 litres of Nepali liquor seized under Section 414 IPC and Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, arguing that the liquor was found in a motorcycle owned by him but taken by a friend, and that no incriminating material was recovered from his personal possession. He disclosed two prior criminal antecedents unrelated to excise matters, and offered to comply with any conditions imposed. The State opposed bail, contending that the petitioner had no prior excise-related convictions. The Court, after considering the facts and the provisions of Section 482, granted anticipatory bail subject to a Rs.30,000 bond, compliance with conditions under Section 2(1)(d) and Section 482(2) of the BNSS, and a directive for the trial court to verify the petitioner’s antecedents, with cancellation possible if concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in a case involving alleged possession of illicit liquor.
- Whether the petitioner’s prior criminal antecedents, though unrelated to excise, affect the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 115(2), 117(3), 2(1)(d), 303(3), 482, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(A)
- Indian Penal Code — s. 307, 34, 414
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- IPC 414
- Bihar Prohibition Act
- excise offence
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41487 of 2026
Arising Out of PS. Case No.-194 Year-2020 Thana- MAJORGANJ District- Sitamarhi
======================================================
Sajjad Ali @ Guddu S/o Khurshid Ansari R/o Village- Marar Mohini Mandal,
P.S- Suppi, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Majorganj P.S. Case No. 194 of 2020, lodged
on 09.12.2020, under Section 414 of the IPC and under Section
30(A) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per the prosecution, FIR has been lodged against
two named accused persons including the present petitioner.
Total recovery of 195 litres of Nepali liquor has been made
which is the subject matter of the present case.
Patna High Court CR. MISC. No.41487 of 2026(2) dt.01-07-2026
2/3
4. Learned Counsel for the petitioner submits that
petitioner is innocent and has committed no offence. He submits
that nothing incriminating has been recovered from the conscius
possession of the petitioner. He submits that petitioner has been
made accused only by virtue of being owner of the motorcycle.
He submits that motorcycle has been taken by his friend in the
name of illness of his family. He submits that petitioner has two
criminal antecedents, one is under Section 307/34 IPC and
another is under Sections 115(2)/117(3)/303(3) of the BNS. He
further submits none of the cases are relating to excise matter.
He further submits that petitioner is ready to fulfill all the
conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that from the record, it
transpires that there are no any criminal antecedent against the
petitioner relating to excise matter.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
Patna High Court CR. MISC. No.41487 of 2026(2) dt.01-07-2026
3/3
satisfaction of learned Special Judge, Exclusive Excise Court
No. 1, Sitamarhi, in connection with Majorganj P.S. Case No.
194 of 2020, subject to the conditions as laid down U/s 482(2)
of the BNSS, 2023.
7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./Rakesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.