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Patna High Court

Bhola Das @ Sujit Kumar Das @ Sujit DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail with bond and sureties, subject to verification of antecedents, confirming bail if the petitioner has exactly five prior cases.

Summary

The petitioner, Bhola Das, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 3062.5 litres of liquor recovered from two Scorpio vehicles and a market verandah. He contended that the liquor was not in his possession, the recovery site was public, and he was implicated solely on the testimony of a chowkidar, with the police allegedly conducting a mechanical investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.25,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than five prior cases are found, the bail will not be confirmed; if exactly five, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s antecedent of five prior excise cases disqualifies him from anticipatory bail.
  • Whether the absence of seizure from the petitioner’s possession and reliance on a chowkidar’s testimony justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • prior convictions
  • bail conditions
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10338 of 2026
                     Arising Out of PS. Case No.-283 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Bhola Das @ Sujit Kumar Das @ Sujit Das S/O Manoj Das R/O Village-
                 Budhan Jha Tola, Pandaul Bazar, P.S- Pandaul, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar
                 For the Opposite Party/s :       Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-02-2026                  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 Sections 30(a),

                   41(1), 31(1) and 31(2) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 3062.5 litres of liquor from two

                   scorpio vehicle and from a Verandah of a market place. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which does not belong to

                   the petitioner and is accessible to public at large and is not the
Patna High Court CR. MISC. No.10338 of 2026(3) dt.27-02-2026
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          owner of any of the seized vehicle and he came to be implicated

          at the instance of chowkidar but then it is submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       5. 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.25,000/- (Rupees twenty five 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

          Pandaul P.S. Case No.283/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.

                       6. 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

          five cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.10338 of 2026(3) dt.27-02-2026
                                                         3/3




                       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 five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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