Patna High Court

Saroj KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Saroj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 506 litres of liquor from a vehicle. He asserted that he had a clean criminal record, was not the owner of the seized vehicle, and was implicated only based on a statement by Shubham without any documentary proof of ownership transfer. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the lack of documentary proof of ownership and a clean antecedent justify granting anticipatory bail.
Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
clean antecedent
provisional bail
Section 482(2)
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90391 of 2025
                      Arising Out of PS. Case No.-68 Year-2019 Thana- FESHAR District- Aurangabad
                 ======================================================
                 Saroj Kumar S/o Arjun Yadav R/o vill- Harnahi, P.S.- Phesar, Distt.-
                 Aurangabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aman Vishal
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 506 litres of liquor from a car.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated during the

                   course of investigation based on statement of Shubham that he

                   has sold the vehicle in question to the petitioner. It is next
Patna High Court CR. MISC. No.90391 of 2025(2) dt.08-01-2026
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          submitted that the said statement was made only to implicate the

          petitioner for ulterior reason when there is no documentary

          evidence showing transfer of vehicle in the name of the

          petitioner.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     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 trial court

          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 Phesar

          P.S. Case No. 68 of 2019 subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          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 would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.90391 of 2025(2) dt.08-01-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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