Patna High Court
Ashish Sachdeva @ Aashish SachdevversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted provisionally, subject to verification of the petitioner’s clean antecedent, and may be confirmed or set aside accordingly.
Summary
The petitioner, Ashish Sachdeva, sought anticipatory bail after being implicated in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016 for allegedly transporting 388.8 litres of liquor in his vehicle. He argued that he had no prior criminal record, that the liquor was not found in his immediate possession, and that he was unaware of any misuse of his vehicle by a co‑accused. The State opposed the bail, contending that the allegations warranted arrest. The Court granted provisional anticipatory bail, subject to a modest bond and two sureties, and directed the trial court to verify the petitioner’s antecedents. It further held that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under the Bihar Prohibition and Excise Act, 2016
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest without possession of the contraband
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Section 482(2) of B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77296 of 2025
Arising Out of PS. Case No.-19 Year-2023 Thana- GALGALIYA District- Kishanganj
======================================================
Ashish Sachdeva @ Aashish Sachdev S/O Late Narendra Sachdeva R/O A-
389 2nd Floor Defence Colony Lajpat Nagar, P.S.- Defence Colony, Dist.-
New Delhi, State New Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-02-2026 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 30(a) and
41(1) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 388.800 litres of liquor from a car. 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 the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.77296 of 2025(3) dt.23-02-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Shakti would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Jai Govind.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Galgalia
P.S. Case No.19/2023, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.77296 of 2025(3) dt.23-02-2026
3/3
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)
amit/-
U T
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