Created by Fuzzy Cloud

Patna High Court

Anil SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Anil Sah, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 50 litres of liquor from a tyre. He asserted that he has a clean antecedent, was not arrested at the scene, and that the alleged contraband was not in his possession nor on his premises, claiming the investigation was based on secret information. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. Additionally, the petitioner undertook to deposit Rs.1,500 with the Lawyers’ Association of Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in the context of alleged offences under Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of arrest justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • bail bond
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2303 of 2026
                   Arising Out of PS. Case No.-163 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Anil Sah S/O Vinod Sah R/O Village- Gidarba Tola, Ward No.- 1, Near
                 Aganbari Centre, P.S- Ganga Bridge, Dist- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Aniket Singh
                 For the Opposite Party/s :      Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 50 litres of liquor from tyre and tube.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested 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 he came to be implicated based on secret information,

                   which is the easiest way to implicate someone without holding a
Patna High Court CR. MISC. No.2303 of 2026(2) dt.27-01-2026
                                            2/3




          proper investigation, when admittedly petitioner is a person with

          clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Ganga Bridge P. S. Case No.163 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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 obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.2303 of 2026(2) dt.27-01-2026
                                                           3/3




                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.15,00/- with

                         Lawyers’ Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

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.