Sajjad Ali @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41487 of 2026 Arising Out of PS. Case No.-194 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== Sajjad Ali @ Guddu S/o Khurshid Ansari R/o Village- Marar Mohini Mandal, P.S- Suppi, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-07-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Majorganj P.S. Case No. 194 of 2020, lodged on 09.12.2020, under Section 414 of the IPC and under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 195 litres of Nepali liquor has been made which is the subject matter of the present case.
Patna High Court CR. MISC. No.41487 of 2026(2) dt.01-07-2026 2/3
4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that nothing incriminating has been recovered from the conscius possession of the petitioner. He submits that petitioner has been made accused only by virtue of being owner of the motorcycle. He submits that motorcycle has been taken by his friend in the name of illness of his family. He submits that petitioner has two criminal antecedents, one is under Section 307/34 IPC and another is under Sections 115(2)/117(3)/303(3) of the BNS. He further submits none of the cases are relating to excise matter. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the record, it transpires that there are no any criminal antecedent against the petitioner relating to excise matter.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
Patna High Court CR. MISC. No.41487 of 2026(2) dt.01-07-2026 3/3 satisfaction of learned Special Judge, Exclusive Excise Court No. 1, Sitamarhi, in connection with Majorganj P.S. Case No. 194 of 2020, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. And further condition that the Trial Court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
(Dr. Anshuman, J) Mkr./Rakesh/- U T