Patna High Court
Sushil Sah @ Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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