Created by Fuzzy Cloud

Patna High Court

Nandkishor sahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nandkishor Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where police recovered 72 litres of liquor from a public canal area and 900 ml from the house of Deep Narayan. The petitioner argued that he had no possession of the liquor, the recovered items were from a public place, and he was implicated by a watchman (chowkidar) with whom he had a hostile relationship, questioning why the watchman did not inform police earlier. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. The court stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the lack of possession and the alleged false implication by a watchman justify granting anticipatory bail.
  • Whether the court can impose conditions, including verification of criminal antecedent, on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • false implication
  • provisional bail
  • Section 30
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18269 of 2026
                  Arising Out of PS. Case No.-798 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Nandkishor sah Son of Dhruvdev Sah @ Dhrupdev Sah Resident of village -
                 Olahan, Ps- Harsidhi, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                                                  Mr. Harsh Shashwat, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                   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 72 liters of liquor from a place near

                   a canal along with 900 ml of liquor from house of Deep

                   Narayan.

                                 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
Patna High Court CR. MISC. No.18269 of 2026(2) dt.25-03-2026
                                            2/3




          recovery is from a place which does not belong to the petitioner

          and is accessible to public at large and petitioner has nor

          concern or relation with Deep Narayan and he came to be

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

          inimical term. It 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.

                       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.

          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 Harsidhi

          P.S. Case No. 798 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
            Patna High Court CR. MISC. No.18269 of 2026(2) dt.25-03-2026
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.