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Patna High Court

Sandil Kumar @ Shandilya RajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioners, Sandil Kumar and Navin Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act concerning alleged recovery of 200 litres of liquor from a motorcycle. They argued that no liquor was found in their conscious possession, that the first petitioner had a clean record and the second had only three prior excise cases, and that the vehicle owner was unaware of any misuse. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, requiring the petitioners to surrender within six weeks, furnish bail bonds of Rs.15,000 with two sureties each, and submit to verification of their criminal antecedents. The order stipulated that if verification revealed a clean record for petitioner 1 and at most three cases for petitioner 2, the bail would be confirmed; otherwise, it would be withdrawn.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Amendment Act
  • Whether the petitioners' criminal antecedents justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • criminal antecedent
  • Bihar Prohibition Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.555 of 2026
                       Arising Out of PS. Case No.-716 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
           1.     Sandil Kumar @ Shandilya Raj S/O Raj Kumar Mistry R/O Village
                  -Sandeshwar P.S.-Fatehpur District -Gaya
           2.     Navin Kumar @ Sarbjit Kumar S/O Mundrika Parsad Yadav R/O Village
                  -Sandeshwar P.S.-Fatehpur District -Gaya
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prithivi Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Amendment Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 200 litres of liquor from a

                   motorcycle.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession. It is further

                   submitted that petitioner no. 1 is not the owner of the seized
Patna High Court CR. MISC. No.555 of 2026(2) dt.15-01-2026
                                            2/3




          vehicle but then petitioner no. 2 came to be implicated based on

          the fact that he is owner of the seized vehicle. It is next

          submitted that no prudent person would use his own vehicle for

          committing an occurrence and thus would create evidence

          against himself and hence would get implicated. It is also

          submitted that petitioner no. 2 was completely unaware that his

          friend would misuse the vehicle in the manner as alleged. It is

          lastly submitted that petitioners came to be implicated at the

          instance of the local person but then the name of the person who

          disclosed the name of the petitioners is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution. It is

          further submitted that once an accused is implicated in a case

          relating to excise the police start implicating mechanically

          either at the instance of the Chawkidar, local person, secret

          information or confessional statement without holding a proper

          investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their arrest or surrender before the learned trial

          court within a period of six weeks from today, be released on
           Patna High Court CR. MISC. No.555 of 2026(2) dt.15-01-2026
                                                       3/3




                     provisional anticipatory bail on furnishing bail bonds of

                     Rs.15,000/- (Rupees Fifteen Thousand) each with two sureties

                     of the like amount each to the satisfaction of the learned trial

                     court where the case is pending/successor court in connection

                     with Fatehpur P.S. Case No. 716 of 2025, subject to the

                     conditions as laid down under Section 438 (2) of the

                     Cr.P.C./482(2) of the BNSS.

                                  7. It is made clear that thereafter the learned trial

                     court shall verify the criminal antecedent of the petitioners and

                     if it is found that petitioner no. 1 has antecedent even one case

                     and petitioner no. 2 has antecedent of more than three cases, it

                     would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

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

                     petitioner no. 1 is a person with clean antecedent and petitioner

                     no. 2 has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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