Patna High Court
Sanoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the stipulated bail bond conditions.
Summary
The petitioner, Sanoj Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that he was implicated only because he owned a motorcycle from which 61 litres of liquor were recovered, and that he had no prior criminal record. The petitioner argued that he was unaware of the misuse of his vehicle by another individual and that ownership alone should not constitute evidence of guilt. The State opposed the anticipatory bail. The High Court, after considering the submissions, directed the petitioner to be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with conditions under Section 482(2) of the CrPC. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
- What conditions must be imposed for the grant of anticipatory bail pending verification of criminal antecedent.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- Criminal antecedent
- Provisional bail
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89225 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- TELMAR District- Nalanda
======================================================
Sanoj Kumar S/o Niranjan Singh Resident of Village- Mohawa, P.S.-
Daniyama, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 61 litres of liquor from a motorcycle. 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 motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus, would create evidence against himself and hence, would
Patna High Court CR. MISC. No.89225 of 2025(3) dt.22-01-2026
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get implicated. It is also submitted that petitioner was
completely unaware that Anshu Kumar would misuse the
vehicle in the manner as alleged, who was also apprehended
from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned District &
Additional Sessions Judge-Vth-cum-Special Judge Excise,
Nalanda at Biharsharif in connection with Telmar P.S. Case
No.63 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.89225 of 2025(3) dt.22-01-2026
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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)
Sanjay/-
U T
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