Patna High Court
Amit Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bond, sureties and verification of their criminal antecedent.
Summary
The petitioners, Amit Kumar Sah and Gourav Kumar Sah, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(i) of the Bihar Excise Act for allegedly transporting 148.78 litres of liquor in a vehicle they owned. They argued they have clean antecedents, were not in possession of the liquor at the time of seizure, and were unaware that their driver misused the vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify the petitioners' criminal antecedents within six weeks. If any antecedent is discovered, the bail would be deemed concealed and the provisional order would not be confirmed; otherwise, the bail would be confirmed. The order emphasizes verification of antecedent before final confirmation of bail.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the case of alleged possession of liquor under the Bihar Excise Act.
- Whether the petitioners' claim of clean antecedent and lack of conscious possession warrants grant of bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1675 of 2026
Arising Out of PS. Case No.-225 Year-2022 Thana- BAHADURGANJ District- Kishanganj
======================================================
1. Amit Kumar Sah Son of Ram Prasad Sah Resident of Mohalla- Radha Devi
Lane, Mundichak, Jagdishpur, P.S.- Ishaque Chaque, District- Bhagalpur
2. Gourav Kumar Sah @ Gourav Kumar Shah Son of Ram Prasad Sah
Resident of Mohalla- Radha Devi Lane, Mundichak, Jagdishpur, P.S.-
Ishaque Chaque, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Chandra, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 148.780 liters of liquor from a car.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and they came to
be implicated based on the fact that they are joint owners of the
Patna High Court CR. MISC. No.1675 of 2026(2) dt.22-01-2026
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seized vehicle. It is next submitted that no prudent person would
use their own vehicle for committing an occurrence and thus
would create evidence against themselves and hence would get
implicated, it is also submitted that petitioners were completely
unaware that their driver would misuse the vehicle in the
manner as alleged.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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
Bahadurganj P.S. Case No. 225 of 2022 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 petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
Patna High Court CR. MISC. No.1675 of 2026(2) dt.22-01-2026
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petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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