Sanjay Saw @ Sanjay Sao Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sanjay Saw @ Sanjay Sao Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner to be released upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs. 15,000 with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S.; confirmation by the trial court contingent on verification of criminal antecedents (not confirmed if more than three cases found; confirmed forthwith if three cases found).

Issue for consideration

Whether the petitioner, apprehending arrest in Sikandra P.S. Case No. 385/2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amended Act, should be released on anticipatory bail.

Court's answer

Prayer for anticipatory bail allowed on a provisional basis: in the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on provisional anticipatory bail on bail bonds of Rs. 15,000 with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

The learned trial court is thereafter to verify the criminal antecedents of the petitioner; if it is found that the petitioner has antecedents of more than three cases, it will be presumed that he concealed his antecedents before this court and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If verification finds that the petitioner has antecedents of three cases, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail – S. 30(a), Bihar Prohibition and Excise Amended Act – Alleged recovery of 50 litres of liquor from the house of Shyam Manjhi – Petitioner pleads he was not arrested from the spot, nothing recovered from his conscious possession, he is neither owner of the house nor related to Shyam, and was implicated at the instance of a chowkidar with whom he is on inimical terms – Antecedent of three cases disclosed via supplementary affidavit – Provisional anticipatory bail granted: release on arrest/surrender within six weeks on bail bonds of Rs. 15,000 with two sureties of like amount, subject to conditions under S. 482(2) B.N.S.S. – Trial court to verify criminal antecedents; if more than three cases found, concealment presumed and provisional order not confirmed; if three cases found, order confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34189 of 2025

Arising Out of PS. Case No.-385 Year-2024 Thana- SIKANDRA District- Jamui

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

Sanjay Saw @ Sanjay Sao S/o Boudhu Saw @ Late Baidhu Saw R/O Vill.Ranhan, P.S. and P.O.- Sikandra, Dist.- Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Kumar Jay For the Opposite Party/s : Mr. Zainul Abedin ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

8 17-12-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amended Act.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases as would manifest from supplementary affidavit and allegation is of recovery of 50 litres of liquor from the house of Shyam Manjhi. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the house nor is related to Shyam in any manner and he came to be implicated at the instance of chowkidar with whom he is on an inimical term.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.34189 of 2025(8) dt.17-12-2025 2/2

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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.15000/- (Rupees fifteen thousand) 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 Sikandra P.S. Case No.385/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/- U T