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Patna High Court

Sadan SawversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Sadan Saw, was implicated in a case where 459 litres of liquor were recovered from his Bolero pickup vehicle, leading to charges under Sections 272 and 273 of the Bihar Narcotic Substances Act and Sections 30(a) and 41 of the Bihar Excise Act. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that a friend had misused his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision hinged on the principle that ownership of a vehicle alone does not establish culpability absent possession or knowledge of the illegal activity.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the seizure of liquor from his vehicle.
  • Whether ownership of the vehicle, without proof of possession or knowledge, suffices to sustain the charges.
  • Whether the petitioner’s clean criminal antecedent is a condition for confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • vehicle ownership
  • liquor seizure
  • Bihar Excise Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7143 of 2026
                         Arising Out of PS. Case No.-314 Year-2019 Thana- SONO District- Jamui
                 ======================================================
                 Sadan Saw S/O Late Musharu Saw R/O Village- Kurauta, Police Station-
                 Lakhisarai, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar Sinha
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 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 Sections 272 and

                   273 of BNS and Sections 30(a) and 41 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 459 litres of liquor from a Bolero Pickup vehicle.

                             4.    Learned counsel for the petitioner submits that the

                   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 would
Patna High Court CR. MISC. No.7143 of 2026(2) dt.19-02-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged, who fled from the spot.

                   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 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 Sono P.S. Case No. 314 of 2019, 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

          anticipatory bail order shall not be confirmed, but after
              Patna High Court CR. MISC. No.7143 of 2026(2) dt.19-02-2026
                                                          3/3




                        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)
Sumit/-

U         t


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