Patna High Court
Surendra Sao @ Surendra SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s antecedents, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Surendra Sao, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 560 litres of spirit from a vehicle he did not own. He argued that he was implicated solely on secret information without a proper investigation and highlighted his prior four excise cases. The State opposed his prayer for anticipatory bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.20,000 with two sureties, subject to verification of his criminal antecedents. If the verification shows more than four prior cases, the bail will not be confirmed; if exactly four, the bail will be confirmed immediately. The order directs the trial court to conduct the verification and act accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s prior criminal antecedents affect the grant or confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
- secret information
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13563 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Surendra Sao @ Surendra Saw S/o Ramgulaman Saw R/o Village - Salaiya,
P.S - Salaiya, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 560 litres of spirit from a Bolero
vehicle. It is next submitted 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 vehicle and he
came to be implicated based on secret information which is the
easiest way to implicate someone. It is also submitted that once
an accused is implicated in a case relating to excise, the police
Patna High Court CR. MISC. No.13563 of 2026(2) dt.12-03-2026
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starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information 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.
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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees twenty 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 Rafiganj P.S. Case No.478/2025, 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
four cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.13563 of 2026(2) dt.12-03-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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