Patna High Court
Sadan SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances (BNS) Act — s. 272, 273
- Bihar Narcotic Substances (BNSS) Act — s. 482(2)
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
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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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