Patna High Court
Dinesh Sah @ Dinesh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted conditionally, subject to bond, sureties, and verification of the petitioner’s antecedent, as the confessional statement alone did not preclude bail.
Summary
The petitioner, Dinesh Sah, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case under Section 30(a) of the Excise Act for allegedly recovering 3 litres of liquor from a motorcycle. He argued that he was not in possession of the liquor, was not the owner of the vehicle, and that the sole basis for his implication was a confessional statement made by another accused, which he claimed lacked evidentiary value. The State opposed the bail, citing his three prior excise cases. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether a confessional statement of a co-accused can alone justify denial of anticipatory bail.
- Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- confessional statement
- criminal antecedent
- Section 438
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12703 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
Dinesh Sah @ Dinesh Kumar Sah S/O Late Jagnarain Sah R/O Village-
Dostiya, P.S- Piprahi, Distt.- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar
For the Opposite Party/s : Ms.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 03 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated based on
confessional statement of Shivam in police custody, which does
Patna High Court CR. MISC. No.12703 of 2026(2) dt.09-03-2026
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not have any evidentiary value and after Amendment in the
Excise Act, 2018, the concept of deemed possession and
presumed offender has been done away with. It is next
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation. It is also submitted that
petitioner in similar manner earlier also came to be implicated in
cases relating to excise.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Piprahi P. S. Case No.255 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.12703 of 2026(2) dt.09-03-2026
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8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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