Patna High Court
Pradyut SamantaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedents.
Summary
The petitioner, Pradyut Samanta, was implicated in a case involving the seizure of 2,646.72 litres of liquor from a truck, with charges under several IPC sections and the Bihar Prohibition and Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor, and that the driver of his vehicle acted without his knowledge. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged.
- Whether ownership of the vehicle used in the alleged liquor seizure makes the petitioner liable.
- Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 188, 34, 420, 467, 468, 471
Subjects
- anticipatory bail
- ownership of vehicle
- liquor seizure
- clean antecedent
- bail conditions
- IPC offences
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69350 of 2025
Arising Out of PS. Case No.-210 Year-2023 Thana- MAHESHKHUNT District- Khagaria
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Pradyut Samanta S/o Sanat Kumar Samanta R/o Village - Pirijpur, Dakshin
Rasalpur, P.S - Arambagh, District - Hugali (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 Sections 188, 420,
467, 468, 471, 34 IPC & Sections 30(a), 32(i) (ii) and 41 of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2646.72 litres of liquor from a truck. 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
Patna High Court CR. MISC. No.69350 of 2025(3) dt.07-01-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged who was also apprehended from the spot
along with Uttam.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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
Maheshkhut P.S. Case No.210/2023, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
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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)
amit/-
U T
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