Patna High Court
Sanjit Kumar @ Anish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedent.
Summary
The petitioner, Sanjit Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 750 litres of liquor recovered from ten motorcycles, with the petitioner owning one of the vehicles. He argued he had a clean antecedent, was not in possession of the liquor, and was unaware of his friend's alleged misuse of the motorcycle. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the B.N.S.S. If any antecedent is found, the bail may be withdrawn; otherwise, the provisional order will be confirmed. The court emphasized that ownership of the vehicle alone does not justify denial of bail. The application for anticipatory bail was allowed conditionally.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. despite alleged involvement in liquor seizure.
- Whether ownership of a vehicle used in the alleged offence is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S. — s. 111(4), 317(4), 482(2)
Subjects
- anticipatory bail
- provisional bail
- ownership of vehicle
- liquor seizure
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59707 of 2025
Arising Out of PS. Case No.-266 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Sanjit Kumar @ Anish Kumar S/o Yadu Ravidas R/o Village- Mananiyatari,
P.S.- Kauwakol, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 111(4) and
317(4) of B.N.S., 2023 as well as Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 750 litres of liquor from ten different motorcycles. It
is next submitted that petitioner was not arrested from the spot,
as such, nothing was recovered from his conscious possession
and he came to be implicated based on the fact that he is owner
of one of the seized motorcycles. It is next submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.59707 of 2025(3) dt.06-01-2026
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occurrence and thus, would create evidence against himself and
hence, would get implicated. It is also submitted that petitioner
was completely unaware that his friend would misuse the
vehicle in the manner as alleged.
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-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-2, Nawada in connection with Kauwakol
P.S. Case No.266 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 bonds of the petitioner shall verify
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
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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.
(Satyavrat Verma, J)
Sanjay/-
U T
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