Patna High Court
Anil SawversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail must be denied because the petitioner’s criminal antecedents preclude the grant of bail under Section 482 of the BNSS, 2023.
Summary
The petitioner, Anil Saw, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a 2015 excise case involving 40 litres of illicit liquor and 260 litres of fermented Jawa Mahua. The prosecution alleged recovery of the liquor and charged him under Sections 47(A) and (F) of the Excise Act. The petitioner claimed innocence, asserted no possession, and offered to comply with any conditions, but the State highlighted his five pending criminal cases. The court examined whether the petitioner’s criminal antecedents justified denial of anticipatory bail. Relying on the principle that anticipatory bail may be withheld where the applicant has a history of offences, the bench refused the bail. However, the court directed that if the petitioner surrenders within four weeks, a regular bail application may be entertained without prejudice. The order thus disposes of the anticipatory bail petition while leaving open the possibility of regular bail upon surrender.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 to a petitioner with multiple pending criminal cases.
- Whether the nature of the alleged excise offences under Sections 47(A) and (F) of the Excise Act warrants denial of anticipatory bail.
- Whether the court may condition future regular bail on the petitioner’s surrender within a specified period.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Excise Act — s. 47(A), 47(F)
Subjects
- anticipatory bail
- Section 482
- criminal antecedents
- Excise Act
- regular bail
- surrender
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21920 of 2026
Arising Out of PS. Case No.-403 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Anil Saw Son of Jawahar Saw Resident of Village - Rasanpur, P.S.-
Warisaliganj, District - Nawadah.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with G.O. Case No.403 of 2015, under Section
47(A) and (F) of the Excise Act, pending in the Court of
Exclusive Special Judge, Excise-2, Nawada.
3. As per the prosecution, total recovery of 40 litres of
country-made liquor and 260 litres of fermented Jawa Mahua
has been made which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21920 of 2026(2) dt.08-04-2026
2/2
petitioner is innocent and has committed no offence. Counsel
submits that antecedent of the petitioner is not clean. There are
five criminal cases pending against the petitioner. Counsel
submits that no recovery has been made from the conscious
possession of the petitioner. Counsel submits that the petitioner
is ready to fulfill all the conditions whatsoever shall be imposed
upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that antecedents of the
petitioner is not clean.
6. Considering the criminal antecedents of the
petitioner, the prayer for anticipatory bail of the petitioner is
hereby refused. However, in the event of surrender of the
petitioner within four weeks from today, the prayer for regular
bail shall be considered without being prejudiced by the order of
this Court.
(Dr. Anshuman, J)
Mkr./-
U T
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