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Patna High Court

Jay Prakash SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond and conditions.

Summary

The petitioner, Jay Prakash Sah, sought anticipatory bail after being implicated in a case alleging offences under IPC sections 279, 337 and 338 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the recovery of 25 litres of liquor from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that another person, Ravindra Kumar, misused his vehicle. The State opposed the bail. The High Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail on the condition of a Rs 500 bail‑bond with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any prior case is found, the bail would be cancelled; otherwise, the provisional bail would be confirmed. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C.
  • Whether ownership of the vehicle from which liquor was recovered makes the petitioner liable for the offences.
  • Whether the petitioner’s alleged clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 279
  • IPC 337
  • IPC 338
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • clean antecedent
  • vehicle ownership
  • illegal liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9517 of 2026
                        Arising Out of PS. Case No.-24 Year-2024 Thana- ROHTAS District- Rohtas
                 ======================================================
                 Jay Prakash Sah Son of Ram Lagan Sah Resident of Mohalla - Prabhakar
                 Rauja, Road No.- 1, Kampani Sarai (Sasaram), P.S.- Sasaram Nagar, District -
                 Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uma Shankar Singh, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 279, 337 and 338 of

                   the Indian Penal Code as well as Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 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 vehicle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.9517 of 2026(2) dt.23-02-2026
                                            2/3




          use his own vehicle for committing an occurrence and thus,

          would create evidence against himself and hence, would get

          implicated. It is also submitted that petitioner was completely

          unaware that Ravindra 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 Exclusive Special

          Excise Judge-II, Sasaram, Rohtas in connection with Rohtas

          (Amjhor) P.S. Case No.24 of 2024, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       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.9517 of 2026(2) dt.23-02-2026
                                                           3/3




                         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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