Patna High Court

Dilip Sah @ Dilip KumarversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner subject to verification of his antecedent and the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioner, Dilip Sah, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 5.760 litres of liquor recovered from a mustard field that does not belong to him. He asserted that he has a clean criminal record, was not caught in possession, and the alleged recovery was based on secret information. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a six‑week period for the trial court to verify his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act
Whether the conditions imposed under Section 482(2) of the BNSS are sufficient to grant provisional anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise offence
Section 30(a) Bihar Excise Act
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17439 of 2026
                 Arising Out of PS. Case No.-188 Year-2026 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Dilip Sah @ Dilip Kumar S/O Lakshmi Sah @ Laxmi Sah R/O Amwaman
                 Bazar, P.S- Majhauliya, Distt.- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gyan Prakash, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 5.760 liters of liquor from mustard field of

                   petitioner at Ward No. 7.

                                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 is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.17439 of 2026(2) dt.19-03-2026
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          implicated based on secret information which is the easiest way

          to implicate someone, when petitioner admittedly is a person

          with clean antecedent.

                       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.

          500/- (Rupees Five Hundred) 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

          Majhauliya P.S. Case No. 188 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 even

          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
            Patna High Court CR. MISC. No.17439 of 2026(2) dt.19-03-2026
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                      verification if it is found that petitioner is a person 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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