Patna High Court
Rajesh SadaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
The petitioner, Rajesh Sada, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 107.37 litres of liquor from an auto. He contended that he had a clean antecedent, was not in possession of the vehicle at the time of the incident, and that the vehicle had been seized by a finance company due to loan default. The petitioner sought anticipatory bail, arguing that the police had implicated him without proper investigation. The State opposed the bail. The High Court, invoking Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and ordered verification of his antecedent by the trial court, with confirmation of bail contingent on a clean record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether the circumstances of the vehicle seizure and lack of possession justify granting anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- vehicle seizure
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6420 of 2026
Arising Out of PS. Case No.-50 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura
======================================================
Rajesh Sada S/O Fekan Sada Resident of viilage- Sautari Bharna, PS- Saur
Bazar, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 107.37 liters of liquor from an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.6420 of 2026(2) dt.04-02-2026
2/3
create evidence against himself and hence would get implicated,
it is also submitted that the vehicle was purchased on loan and
since the petitioner could not pay the EMI, as such, the finance
company had seized the vehicle, as such, the vehicle was not
with the petitioner on the date of occurrence, but then police in
mechanical manner implicated the petitioner without holding a
proper investigation, when petitioner admittedly is a person with
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) 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
Udakishunganj P.S. Case No. 50 of 2022 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.6420 of 2026(2) dt.04-02-2026
3/3
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 seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…