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Patna High Court

Harilal SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.81968 of 2025(2) dt.17-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.81968 of 2025(2) dt.17-01-2026
                                                         3/3




                       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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