Patna High Court
Anil Sah @ Anil Kumar @ Anil Kumar 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 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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
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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
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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
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