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Patna High Court

Sahil Prakash RajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Sahil Prakash Raj, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 427.200 litres of liquor from a rented room. He asserted a clean criminal record and argued that the liquor was not found in his possession and that the police had implicated him based on secret information to shield the real culprits. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and a deposit of Rs.1500 with the Advocates’ Association, pending verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and not confirmed; otherwise, the provisional bail would be confirmed. The decision was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • clean antecedent
  • Section 30
  • Bihar Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2254 of 2026
                  Arising Out of PS. Case No.-343 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Sahil Prakash Raj Son of Vasukinath Singh @ Basuki Nath Singh @
                 Baskinath Singh R/o Village - Hela Bazar Shiv Colony ward no - 12, P.S. -
                 Hajipur Nagar, District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :         Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 427.200 liters of liquor from a rented room where

                   petitioner was staying at Shiv Colony.

                                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

                   room from where the recovery is alleged to have been made
Patna High Court CR. MISC. No.2254 of 2026(2) dt.27-01-2026
                                            2/3




          does not belong to the petitioner and he came to be implicated

          based on secret information which is the easiest way to

          implicate someone. It is also submitted that it appears that

          police with a view to save the real culprits falsely implicated the

          petitioner 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 Hajipur

          Excise P.S. Case No. 343 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 even

          one case then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.2254 of 2026(2) dt.27-01-2026
                                                        3/3




                      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 is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Advocates’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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