Patna High Court
Upendra Sah @ Satyendra Sah @ Satyondra SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner's antecedent and compliance with bail bond conditions.
Summary
The petitioner, Upendra Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act read with Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023, alleging that 5 litres of liquor were recovered from a spot behind his cattle shed and not from his possession. He argued that the complaint was filed by a hostile watchman and that there was no direct evidence linking him to the liquor. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, 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 Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the excise case.
- Whether the absence of liquor in the petitioner's possession and the role of the complainant affect the bail decision.
- Whether the petitioner's criminal antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- bail conditions
- Section 30
- Section 274
- Section 275
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20701 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- DARPA District- East Champaran
======================================================
Upendra Sah @ Satyendra Sah @ Satyondra Sah Son of Prabhu Sah Resident
of Village- Bhelhiya, P.S.- Darpa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 read with Sections 274 and 275 of the BNS,
2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 5 liters of liquor from a place behind
the cattle shed of the petitioner.
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,
Patna High Court CR. MISC. No.20701 of 2026(2) dt.31-03-2026
2/3
but then is adjacent to his bathan (cattle shed) and thus is
accessible to villagers at large 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.
5000/- (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 Darpa
P.S. Case No. 301 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
Patna High Court CR. MISC. No.20701 of 2026(2) dt.31-03-2026
3/3
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
Checking your session…