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Patna High Court

Kamlesh SahuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

Petitioner Kamlesh Sahu sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for the alleged recovery of 1,260 pieces of illicit liquor from his auto. He argued that he had a clean antecedent, was not arrested at the scene, and was unaware that the person to whom he had lent his vehicle misused it. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his criminal antecedent. The court stipulated that if any antecedent is found, the bail would be presumed obtained by concealment and not confirmed; otherwise, it would be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner.
  • Whether the petitioner’s clean antecedent and lack of knowledge of the misuse justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle ownership
  • clean antecedent
  • illegal liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62988 of 2025
                   Arising Out of PS. Case No.-146 Year-2021 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Kamlesh Sahu S/o Sri Lal Bihari Sahu R/o- Kamdara, P.S.- Kamdara,
                 District- Gumla

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, 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 offence punishable under 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 1260 pieces of Tanka liquor from an auto. 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 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
Patna High Court CR. MISC. No.62988 of 2025(3) dt.06-01-2026
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          implicated. It is also submitted that petitioner was completely

          unaware that the person to whom he had given his auto for

          earning 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 Special

          Judge, Excise-I, Aurangabad in connection with Navinagar P.S.

          Case No.146 of 2021, 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

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.62988 of 2025(3) dt.06-01-2026
                                                           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.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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