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Patna High Court

Sagar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Sagar Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 338, 336(3) and 318(4) of the Bihar Narcotic and Psychotropic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 166.125 litres of liquor from a vehicle. He contended that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicle, arguing that the investigation was based solely on secret information. The State opposed the bail, emphasizing the seriousness of the offences and the petitioner’s antecedent of thirteen prior cases, four of which were under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.65,000 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. It further directed the trial court to verify the petitioner’s criminal antecedent, stating that if more than thirteen cases are found, the bail would not be confirmed, whereas confirmation would follow if the antecedent remains at thirteen. The order thus balances the petitioner’s right to liberty with the State’s interest in ensuring proper investigation of the alleged offences.

Issues considered

  • Whether anticipatory bail can be granted in a case involving offences under Sections 338, 336(3), 318(4) of the Bihar Narcotic and Psychotropic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedent of thirteen cases, including four under the Excise Act, warrants denial of anticipatory bail.
  • Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS are satisfied for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7251 of 2026
                 Arising Out of PS. Case No.-518 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Sagar Kumar S/o Subodh Kumar R/o Village - Utar Bazar, Ward No. 13,
                 Warsaliganj, P.S - Warsaliganj, District - Nawada
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr. Mohammed Arif, A.P.P.
                 ======================================================
                 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 338,

                   336(3) and 318(4) of the BNS as well as Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of thirteen cases out of which four

                   cases are under the Excise Act and allegation is of recovery of

                   166.125 litres of liquor from a Bolero.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the secret information which is the
Patna High Court CR. MISC. No.7251 of 2026(2) dt.19-02-2026
                                            2/3




          easiest way to implicated someone. It is next submitted that

          once an accused is implicated in a case relating to excise the

          police start implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case. It

          is also submitted that off late the police have started implicating

          accused with criminal cases in cases relating to Excise Act for

          obvious reasons.

                       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, let 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.65,000/- (Rupees Sixty-five

          Thousand) 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 Mufassil P.S. Case

          No. 518 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./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 if
           Patna High Court CR. MISC. No.7251 of 2026(2) dt.19-02-2026
                                                       3/3




                     it is found that petitioner has antecedent of more than thirteen

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only thirteen cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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