Patna High Court

CR. MISC./58974/2026 of Sanjay Kumar Vs The State of Bihar on 21 August 2026

COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58974 of 2026 Arising Out of PS. Case No.-239 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== Sanjay Kumar S/o Hiranand Prasad Resident of Village- Surajpur (Suryapur) Tola- Gadiyani,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58974 of 2026

Arising Out of PS. Case No.-239 Year-2021 Thana- BAIRIYA District- West Champaran ======================================================

Sanjay Kumar S/o Hiranand Prasad Resident of Village- Surajpur (Suryapur)

Tola- Gadiyani, P.S.- Shrinagar, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Sitesh Kashyap, Advocate

For the Opposite Party/s :

Mr. Md. Matloob Rab, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

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21-08-2026

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 18.9 litres of liquor from a motorcycle.

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 owner of the vehicle, namely, Ranjeet Yadav disclosed to the police that he had sold the seized vehicle to the petitioner on 05.04.2025. It is asserted and submitted that petitioner is not the Patna High Court CR. MISC. No.58974 of 2026(2) dt.21-08-2026

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purchaser of the vehicle. It is next submitted that had the petitioner purchased the vehicle in that event the ownership of the vehicle would have been transferred in his name.

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 appearing on behalf of 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 Bairiya P.S. Case No. 239 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, 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 confirmed, but, if it is found on verification that Patna High Court CR. MISC. No.58974 of 2026(2) dt.21-08-2026

petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

Kundan/- (Satyavrat Verma, J) U T

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