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Patna High Court

Sajjad Ali @ GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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