Patna High Court
Bhola Das @ Sujit Kumar Das @ Sujit DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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