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Patna High Court

Shiv Kumar SardarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedent.

Summary

Shiv Kumar Sardar applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging that 75 litres of liquor were recovered from a straw house on his premises. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession, suggesting a possible false implication. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, and conditions under Section 482(2) of the B.N.S.S., directing verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner also undertook to deposit Rs.1,500 with the Lawyers’ Association within two weeks.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of arrest and lack of possession of the alleged liquor justify granting anticipatory bail.
  • Whether the High Court may impose conditions under Section 482(2) of the B.N.S.S. while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • liquor seizure
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5378 of 2026
                     Arising Out of PS. Case No.-215 Year-2025 Thana- PRATAPGANJ District- Supaul
                 ======================================================
                 Shiv Kumar Sardar S/o Gosay Sardar @ Chhedi Sardar R/o Village- Sripur,
                 Ward No.07, P.S- Pratapganj, Dist- Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s :       Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 75 litres of liquor from straw house of the petitioner.

                   It is next submitted that petitioner was not arrested from the

                   spot, as such, nothing was recovered from his conscious

                   possession and straw house is a place outside the house and

                   thus, is accessible to villagers at large. It is also submitted that

                   no prudent person would use his own premises for committing

                   an occurrence and thus, would create evidence against himself
Patna High Court CR. MISC. No.5378 of 2026(2) dt.02-02-2026
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          and hence, would get implicated. It is next submitted that it

          appears that someone inimical to the family concealed meager

          amount of liquor in the straw house of the petitioner with a view

          to implicate him and his family members and petitioner came to

          the implicated based on secret information, which is the easiest

          way     to    implicate      someone       without   holding a   proper

          investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Special Exclusive

          Excise Court No.2, Supaul in connection with Pratapganj P.S.

          Case No.215 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.5378 of 2026(2) dt.02-02-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Lawyers’ Association

                         within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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