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Patna High Court

Saheb SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Saheb Sah, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the BNS read with Section 30(a) of the Bihar Excise Act for allegedly possessing 21 litres of liquor in a Bolero vehicle. He contended that he was not in possession of the liquor, was not the owner of the vehicle, and was implicated by a watchman with whom he has a hostile relationship, raising doubts about the police investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.10,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the provisions of Section 482(2) of the BNSS and the need to ensure a fair investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s alleged involvement in the liquor seizure warrants arrest.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
  • Whether the police investigation was sufficient to justify denial of bail.

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • police investigation
  • criminal antecedent
  • Section 274
  • Section 275
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16302 of 2026
                   Arising Out of PS. Case No.-5 Year-2026 Thana- PURUSHOTTAMPUR District- West
                                                       Champaran
                 ======================================================
                 Saheb Sah S/O Mushai Sah Resident of Vill.- Murli Parsauni, P.S.- Balthar,
                 District- West Champaran

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

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

2   17-03-2026                  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 Sections 274 and

                   275 of the BNS read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 21 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 is not the

                   owner of the seized vehicle and he came to be implicated at the

                   instance of Chowkidar with whom he is on an inimical term. It
Patna High Court CR. MISC. No.16302 of 2026(2) dt.17-03-2026
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          is next submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that of late the police has started implicating

          accused having criminal antecedent other than excise, in cases

          relating to Excise 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.

          10,000/- (Rupees Ten 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

          Purushottampur P.S. Case No. 05 of 2026 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 than two

          cases then it would be presumed that petitioner, for the purposes of
            Patna High Court CR. MISC. No.16302 of 2026(2) dt.17-03-2026
                                                        3/3




                      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 two cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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