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Patna High Court

Sunil SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sunil Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 25 litres of liquor from a location not belonging to him. He claimed he was implicated by a watchman with whom he has an inimical relationship and that no liquor was found in his possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on condition of a Rs.5,000 bail bond with two sureties, subject to verification of his criminal antecedent. If the petitioner is found to have more than one prior case, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
  • Whether the alleged facts and lack of possession justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • bail bond
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17112 of 2026
                  Arising Out of PS. Case No.-496 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Sunil Sah S/O Lalan Sah R/O Village- Daroga Tola, P.S- Banjariya, Distt.-
                 East Champaran.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore Alias Kundan Kumar, Adv.
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, 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 Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 25 liters of liquor from a place near

                   boundary wall of Musafir Mahto.

                                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 even alleged recovery is

                   from a place which does not belong to the petitioner and he came to

                   be implicated at the instance of Chowkidar with whom he is on an

                   inimical term

                                5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.17112 of 2026(2) dt.17-03-2026
                                                        2/2




                      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. 5,000/- (Rupees 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 Banjaria P.S. Case No. 496 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 than one case 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

                      one case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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