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Patna High Court

Rajesh SadaversusThe 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

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

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
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          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


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