Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail, subject to a bail bond, sureties, and verification of his antecedent.
Summary
The petitioner, Sandeep Kumar, was implicated in a case involving the alleged recovery of 150 litres of liquor from two motorcycles, alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018. He applied for anticipatory bail, arguing that he had a clean antecedent and that the liquor was seized from vehicles he owned, not from his personal possession, and that he was unaware of any misuse by another individual. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with Section 482(2) of the B.N.S.S. The order was conditioned that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- excise law
- criminal procedure
- Section 482
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71097 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- DHARHARA District- Munger
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Sandeep Kumar S/O Rajendra Paswan Residents of- Chhoti keshopur, near
Shiv Sai, Dham, P.S.- Jamalpur, District- Munger, alleged to Resident of not
known, P. S. - Dharhara, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 32 of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 150 litres of liquor from two motorcycles. 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 one
of the seized vehicles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
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and thus, would create evidence against himself and hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Vikky Yadav would misuse the vehicle
in the manner as alleged who was also apprehended from the
spot along with Sumit Kumar.
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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Court-1st, Munger in connection with
Dharhara P.S. Case No.86 of 2025, 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
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
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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