Patna High Court
Sanjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.
Summary
Petitioner Sanjay Kumar Singh, owner of two pickup vehicles, was implicated in a case alleging the seizure of 259.200 litres and 291.720 litres of liquor from his vehicles under the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his associate Sonu Kumar misused the vehicle. The State opposed his anticipatory bail application, arguing the seriousness of the offences under Sections 30(a) and 56(b). The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail subject to a modest bond and two sureties, and conditioned the confirmation of bail on verification of his antecedent. The order also warned that any undisclosed prior case would lead to the bail being withdrawn.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged seizure of large quantities of liquor from his vehicles.
- Whether the petitioner’s claim of a clean antecedent and lack of knowledge of the misuse of his vehicle is sufficient to merit bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 30
- Section 56
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59935 of 2025
Arising Out of PS. Case No.-2461 Year-2024 Thana- Excise P.S. District- Patna
======================================================
Sanjay Kumar Singh Son of Nawal Kishor Singh R/o Village - Rampur
Singhara, P.S. - Mahua, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, 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 30(a) and
56(b) 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 259.200 litres of liquor from a Tata pickup vehicle
and 291.720 litres of liquor from Mahindra pickup vehicle. 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 vehicles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
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and thus, would create evidence against himself and hence,
would get implicated and, at the same time, shall bring disrepute
to his business. It is also submitted that petitioner was
completely unaware that Sonu Kumar would misuse the vehicle
in the manner as alleged who was also apprehended from the
spot along with Ranjeet Kumar and Virendra Rai.
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 Special
Judge, Excise-III, Patna in connection with Excise (Patna) P.S.
Case No.2461 of 2024, 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
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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.
(Satyavrat Verma, J)
Sanjay/-
U T
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