Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the anticipatory bail application, subject to bail bond and surety conditions, noting insufficient evidence and the petitioners' clean antecedent.
Summary
The petitioners, three residents of Supaul district, sought anticipatory bail after being named in an FIR for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 72 litres of foreign liquor were seized from a car they allegedly fled from. They contended they were not the owners of the vehicle, that the FIR was based on undisclosed secret information, and that they had no criminal antecedent. The State opposed the bail, arguing that the petitioners were named accused and could not escape liability. The Court examined the lack of direct evidence linking the petitioners to the liquor, their clean record, and the procedural deficiencies in the FIR. It granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of BNSS, directing surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted to persons named in an FIR under the Bihar Prohibition and Excise Act when the FIR is based on undisclosed secret information.
- Whether the lack of ownership of the vehicle and clean antecedent justify granting bail despite the seriousness of the alleged offence.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- secret information
- FIR
- bail bond
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8871 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- JADIA District- Supaul
======================================================
1. Sanjeev Kumar Son of Amod Yadav Resident of Village - Gudiya, P.S.-
Jadia, District - Supaul.
2. Satish Kumar Son of Yogendra Yadav @ Jigan Yadav @ Jogan Yadav
Resident of Village - Gudiya, P.S.- Jadia, District - Supaul.
3. Vijay Yadav @ Vijay Kumar Son of Satyanarayan Yadav Resident of Village
and P.S.- Kumarkhand, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Goutam, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Jadia P.S. Case No. 79 of 2025 registered for
the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, on the basis of secret
information, 72 litre foreign liquor was recovered from Celerio
Maruti Car in question and petitioners succeeded in fleeing
away from the place of occurrence.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.8871 of 2026(2) dt.18-02-2026
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petitioners are innocent and have committed no offence as
alleged in the FIR and they have falsely been implicated in this
case due to dirty village politics. He further submits that
petitioners are not the owner of the said vehicle in question.
Learned counsel further submits that in the F.I.R., it has been
mentioned that the name of the petitioners has been surfaced in
this case on the basis of secret information but the source of
information has not been disclosed in the F.I.R. Hence, the
authenticity of the F.I.R. is doubtful. Petitioners were not found
at the place of occurrence. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioners under the provisions of Bihar Prohibition and Excise
Act. Petitioners bear no criminal antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioners by submitting that
petitioners are FIR named accused person and hence, they
cannot escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioners were not found at the place of occurrence,
keeping in view clean antecedent of petitioners, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
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above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge Excise, Court No. 1, Supaul in connection with Jadia P.S.
Case No. 79 of 2025, subject to the conditions as laid down
under Section 482 (2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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