Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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