Patna High Court

Surendra Sav @ Surendra SaoversusThe State of Bihar

Decided: 12 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Surendra Sav, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 760 litres of spirit from a Bolero. He has five prior cases under the Excise Act and contended that he was not arrested on the spot, no spirit was found in his conscious possession, and he is not the owner of the vehicle, having been implicated solely on secret information. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 and two sureties of the same amount, subject to verification of his criminal antecedent by the trial court. If the trial court finds more than five prior cases, the bail will not be confirmed; if only five, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged excise offence and his antecedent record?

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
excise offence
secret information
possession
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14164 of 2026
                      Arising Out of PS. Case No.-147 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
                 Surendra Sav @ Surendra Sao Son of Ram Gulaman Sav Resident of Village -
                 Salaiya, P.S. - Salaiya, P.S. - Salaiya, Dist. - Aurangabad, Bihar.
                                                                                  ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, A.P.P.
                 ======================================================
                 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 the

                   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 760 litres of spirit from a Bolero.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the secret information which is the

                   easiest way to implicate someone. It is next submitted that once

                   an accused is implicated in a case relating to excise the police
Patna High Court CR. MISC. No.14164 of 2026(2) dt.12-03-2026
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          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, let 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.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 Kasma P.S. Case

          No. 147 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than five cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.14164 of 2026(2) dt.12-03-2026
                                                       3/3




                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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