Patna High Court

Sujeet Dom @ Sanjeet KumarversusThe State of Bihar

Decided: 19 February 2026
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, Sujeet Dom, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 5 litres of liquor recovered from a joint family house. He claimed a clean antecedent and argued that the liquor was not in his conscious possession and that the allegation stemmed from a hostile watchman. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedent. The court stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
Whether the alleged recovery of liquor from a joint family house establishes possession sufficient to deny bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Criminal Procedure Code
Section 482
joint family property
clean antecedent
liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7034 of 2026
                      Arising Out of PS. Case No.-487 Year-2023 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Sujeet Dom @ Sanjeet Kumar S/o Jaglal Dom @ Jag Lal Ram Resident of
                 Village- Nathmalpur Dom Toli, P.S.Barahara, District- Bhojpur

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

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

2   19-02-2026                  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 30 liters of liquor from house of three accused

                   persons out of which 5 liters of liquor is alleged to have been

                   recovered from house of the petitioner.

                                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 the house in

                   question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.7034 of 2026(2) dt.19-02-2026
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          with certainty that it was petitioner who had kept the liquor in

          the house or the liquor kept in the house was within his

          knowledge and he came to be implicated at the instance of

          Chowkidar with whom he is on an inimical term.

                       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 Barahara

          P.S. Case No. 487 of 2023 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

          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
            Patna High Court CR. MISC. No.7034 of 2026(2) dt.19-02-2026
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                      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.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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