Patna High Court
Sanoj Kumar @ Sanoj RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the conditions imposed under Section 482(2) of the CrPC.
Summary
The petitioner, Sanoj Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, concerning the alleged recovery of 100 litres of liquor from a mustard field not owned by him. He argued that he has a clean antecedent, the FIR does not name him, and the alleged liquor was not found in his possession, suggesting the prosecution’s case is weak. The State opposed the bail, contending that the allegations warrant arrest. The Court, considering the petitioner's clean record and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the CrPC. The order directs the trial court to verify the petitioner’s antecedents and confirm the bail if no prior cases are found, otherwise the bail will not be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify anticipatory bail?
- Whether the conditions imposed under Section 482(2) of the CrPC are proper for provisional anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79557 of 2025
Arising Out of PS. Case No.-17 Year-2024 Thana- DORIGANJ District- Saran
======================================================
Sanoj Kumar @ Sanoj Rai S/o Sunil Ray R/o vill - Purvi Balua, Kans Diar,
P.S.- Doriganj, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 offence punishable under Section 30(a) 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 100 litres of liquor from a mustard field situated
near the house of Bachchu Rai. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of chowkidar but
then it is submitted that the name of the person who disclosed
Patna High Court CR. MISC. No.79557 of 2025(2) dt.17-01-2026
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the name of the petitioner is not disclosed in the FIR, which
casts an aspersion on the case of the prosecution, when
petitioner admittedly is a person with clean antecedent.
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 Doriganj
P.S. Case No.17/2024, 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
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.79557 of 2025(2) dt.17-01-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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