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Patna High Court

Anil Sahu @ Anil Yadunandan SahuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Anil Sahu, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, for allegedly transporting 30 litres of liquor in his motorcycle. He argued that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that a friend had misused his vehicle. The State opposed the bail, contending that the vehicle was used to commit the offence. The High Court, considering the petitioner’s lack of direct possession and clean record, granted provisional anticipatory bail subject to a bail‑bond of Rs.500 with two sureties and a condition to deposit Rs.1,500 with the Legal Services Committee. The order also stipulated that the trial court must verify the petitioner’s antecedent; any prior case would lead to revocation of the bail, while a clean record would confirm it. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6173 of 2026
                       Arising Out of PS. Case No.-239 Year-2023 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Anil Sahu @ Anil Yadunandan Sahu S/o Yadunandan Sahu Resident of
                 Village - Kosara, P.S - Ram Nagar, District - Chanderpur, State - Maharashtra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30 litres of liquor from a motorcycle. 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

                   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
Patna High Court CR. MISC. No.6173 of 2026(2) dt.04-02-2026
                                            2/3




          implicated. It is also submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged, who also fled from the spot.

                       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 Exclusive Special

          Excise Court-2, Gayaji in connection with Imamganj P.S. Case

          No.239 of 2023, 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

          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,
               Patna High Court CR. MISC. No.6173 of 2026(2) dt.04-02-2026
                                                           3/3




                         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 High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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