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Patna High Court

Sushil Sah @ Sushil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Sushil Sah, was implicated in a case (Excise P.S. Case No. 302 of 2025) for the alleged recovery of 319.905 litres of liquor from a Bolero vehicle he owned. He was not caught in possession of the liquor and claimed ignorance of his driver’s alleged misuse of the vehicle. The petitioner has six prior criminal cases, three under the Excise Act, and sought anticipatory bail fearing arrest. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.30,000 with two sureties and directed the trial court to verify the petitioner’s antecedents within six weeks, after which the bail may be confirmed or set aside.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his prior criminal antecedents and the alleged seizure of liquor from his vehicle.
  • Whether the petitioner’s ownership of the vehicle, without direct possession of the liquor, suffices to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13042 of 2026
                     Arising Out of PS. Case No.-302 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Sushil Sah @ Sushil Kumar Son of Ramu Sah Resident of - Sarisavpahi,
                 Ward No.- 8, P.S.- Pandaul, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Saroj Kumar Choudhary, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases out of which three cases

                   are under the Excise Act and allegation is of recovery of

                   319.905 liters of liquor from a Bolero vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.13042 of 2026(2) dt.10-03-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver would misuse the vehicle in the manner as

          alleged. It is next submitted that merely because petitioner has

          antecedents that in itself cannot be a justification to implicate

          the petitioner without holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          30,000/- (Rupees Thirty 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 Sadar

          Excise P.S. Case No. 302 of 2025 subject to the conditions as

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

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.13042 of 2026(2) dt.10-03-2026
                                                        3/3




                      than six cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of six

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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