Patna High Court
Harilal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the stipulated bond and sureties.
Summary
Harilal Sah, a resident of Siwan, sought anticipatory bail after learning that a case had been registered against him under IPC sections 272, 273, 34 and the Bihar Prohibition and Excise Act, 2016 (sections 30(a), 38(i), 41(i)) for the alleged recovery of 2,220.48 litres of liquor from a car and four motorcycles. He contended that he had a clean antecedent, was not in possession of the liquor, and was implicated only because he owned one of the seized vehicles, claiming he was unaware of any misuse by a friend. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedents, with the order to be confirmed if he is found to have a clean record. The order also stipulated that if any antecedent is discovered, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether ownership of a vehicle used in the alleged offence suffices to implicate the owner under the cited statutes.
- Whether the petitioner’s clean antecedent and lack of possession of the seized liquor affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 38(i), 41(i)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- criminal antecedent
- vehicle ownership
- liquor seizure
- IPC sections 272, 273, 34
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81968 of 2025
Arising Out of PS. Case No.-125 Year-2018 Thana- MAIRWAN District- Siwan
======================================================
Harilal Sah S/o Late Ghamri Sah R/o Village- Bedauli, P.S- Mairwa, Dist-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
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 offences punishable under Sections 272, 273,
34 of the Indian Penal Code and Sections 30(a), 38(i) and 41(i)
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 2220.480 litres of liquor from a car and four
motorcycles. 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 one of the seized vehicles. It is next
submitted that no prudent person would use his own vehicle for
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committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that his
friend would misuse his vehicle in the manner as alleged. It is
also submitted that no process under Sections 82 and 83 of the
Cr.P.C. has been issued.
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 Mairwa
P.S. Case No.125/2018, 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
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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
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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