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Patna High Court

Sanjeeet Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to a bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Sanjeeet Kumar Choudhary, sought anticipatory bail after the police alleged that 650 ml of liquor was recovered from a vehicle he owned, invoking Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that another individual, Md. Javed, misused his vehicle. The State opposed the bail, contending that ownership of the vehicle implicated the petitioner. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail may be revoked; otherwise, it will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the BNSS in view of the alleged liquor seizure.
  • Whether mere ownership of the vehicle used for the alleged offence suffices to establish culpability.
  • What conditions may be imposed on the grant of anticipatory bail in such excise cases.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9960 of 2026
                     Arising Out of PS. Case No.-237 Year-2022 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Sanjeeet Kumar Choudhary S/O Jaichandra Choudhary Resident of village-
                 Jalpaiguri, P.S -Banarhat, District- West Bangal.
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Raj Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 30(a) and

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 650 ml. of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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 use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.9960 of 2026(2) dt.23-02-2026
                                            2/3




          and thus would create evidence against himself and hence

          would get implicated. It is also submitted that petitioner was

          completely unaware that Md. Javed would misuse the vehicle in

          the manner as alleged who was also apprehended from the spot.

                       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, let the petitioner above-named, in the

          event of his arrest or surrender 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 Excise P.S. Case No. 237 of 2022, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.9960 of 2026(2) dt.23-02-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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