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Patna High Court

Santosh SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to verification of the petitioners' criminal antecedents and compliance with the stipulated conditions.

Summary

Santosh and Rahul, brothers residing in Katihar, were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 50 litres of liquor from a public area. Fearing arrest, they filed an anticipatory bail application, seeking rectification of pleadings. The petitioners argued that no liquor was found in their possession and that the alleged recovery occurred on public land, contending that the police had mechanically implicated them without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties, and ordered verification of their criminal antecedents, stipulating that the bail would be confirmed only if the antecedent cases matched the disclosures made.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the existence and disclosure of prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the absence of liquor in the accused's possession and the public nature of the alleged recovery justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • provisional bail
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10264 of 2026
                  Arising Out of PS. Case No.-1082 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
           1.     Santosh Sah S/O Jawahar Sah R/O Driver tola, Guard Para, PS- Nagar,
                  Distt- Katihar
           2.    Rahul Sah S/O Jawahar Sah R/O Driver tola, Guard Para, PS- Nagar, Distt-
                 Katihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. The learned counsel for the petitioners, at the

                   outset, seeks permission to make rectification of the pleadings

                   made at Para-3 of the anticipatory bail application.

                                4. Permission is accorded.

                                5. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 has antecedent of two cases under the
Patna High Court CR. MISC. No.10264 of 2026(3) dt.30-03-2026
                                            2/3




          Excise Act and allegation is of recovery of 50 liters of liquor

          from bushes at Sangram crossing.

                       6. Learned counsel for the petitioners submits that

          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to public at large and they came to

          be implicated at the instance of local person, but then it is

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       8. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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.

          10,000/- (Rupees Ten Thousand) each 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
            Patna High Court CR. MISC. No.10264 of 2026(3) dt.30-03-2026
                                                        3/3




                      Katihar Town P.S. Case No. 1082 of 2025 subject to the

                      conditions as laid down under Section 482 (2) of the BNSS.

                                   9. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioners and in the

                      event if it is found that petitioner no. 1 has antecedent of more

                      than one case and petitioner no. 2 has antecedent of more than two

                      cases then it would be presumed that petitioners, for the purposes

                      of seeking anticipatory bail, had concealed their antecedent before

                      this Court, as such, the provisional anticipatory bail order shall not

                      be confirmed with respect to the petitioner who had concealed his

                      antecedent, but after verification if it is found that petitioner no. 1

                      has antecedent of one case only and petitioner no. 2 has antecedent

                      of two cases only, in that event the provisional anticipatory bail

                      order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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