Created by Fuzzy Cloud

Patna High Court

Anil Sah @ Anil Kumar @ Anil Kumar 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, Anil Sah, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 19.260 litres of liquor from a motorcycle. He argued that he was not the owner of the vehicle, no liquor was found in his possession, and the case was based solely on a confessional statement made by Chandan while in police custody, which he claimed lacked evidentiary value. The petitioner, who has three prior excise cases, sought anticipatory bail, while the State opposed the relief. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if the verification reveals more than three prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
  • Whether the confessional statement of a co-accused made in police custody can form the basis for arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • Section 30 Bihar Excise Act
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23248 of 2026
                   Arising Out of PS. Case No.-277 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Anil Sah @ Anil Kumar @ Anil Kumar Sah Son of Shivjee Sah Resident of
                 Mohalla- Chaumukh, P.S.- Bochahan, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar Alok
                 For the Opposite Party/s :      Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026               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 the

                   petitioner has antecedent of three cases under the Excise Act

                   and allegation is of recovery of 19.260 litres of liquor from a

                   motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Chandan in police custody which does
Patna High Court CR. MISC. No.23248 of 2026(2) dt.09-04-2026
                                            2/3




          not have any evidentiary value. It is further submitted that once

          an accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation. It is also

          submitted that petitioner earlier also in similar manner came to

          be implicated in cases relating to Excise.

                   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.

          15,000/- (Rupees Fifteen 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

          Bochahan P.S. Case No. 277 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.23248 of 2026(2) dt.09-04-2026
                                                          3/3




                        than three cases 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 three

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

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.