Sajan Kumar Byadha @ Sajan Byadha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29912 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- KORHA District- Katihar ====================================================== Sajan Kumar Byadha @ Sajan Byadha S/o Domu Byadha @ Domi Byadha Resident of Village - Basgadda, P.S. - Korha, Dist. - Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghvendra Kumar Singh For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2026
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 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 139.2 liters of liquor from a room situated behind the hotel of Rahul Chaudhary and two motorcycles were seized.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicles nor the room from where the liquor was recovered belongs to him and has no concern or
Patna High Court CR. MISC. No.29912 of 2026(2) dt.06-05-2026 2/3 relation with Rahul and came to be implicated at the instance of shopkeeper, Sanjay Chaudhary, who was present at the place of occurrence. It is also submitted that police in mechanical manner implicated the petitioner without holding proper investigation based on disclosure made by Sanjay Chaudhary.
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 Korha P.S. Case No. 13 of 2026 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
Patna High Court CR. MISC. No.29912 of 2026(2) dt.06-05-2026 3/3 confirmed, but after verification if 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) Rishabh/- U T