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Patna High Court

Ashish Sachdeva @ Aashish SachdevversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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