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Patna High Court

Ganesh Kumar Sah @ Ganesh SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to a bond and verification of the petitioner’s antecedent, with the order to be confirmed if the antecedent does not exceed ten cases.

Summary

Ganesh Kumar Sah applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a), 32(3) and 41(1)(2) of the Excise Act, alleging that the liquor seizure was made from a vehicle he did not own and that he was implicated through secret information. The petitioner disclosed ten prior criminal cases, seven of which were under the Excise Act, and argued that no arrest was made at the spot and no liquor was found in his conscious possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.50,000 with two sureties and directed verification of the petitioner’s antecedent. It further held that if the verification shows more than ten prior cases, the bail would be revoked; otherwise, the provisional order would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged offences under the Excise Act and his criminal antecedent.
  • Whether the petitioner’s claim of non‑possession and lack of ownership of the seized vehicle defeats the case for arrest.
  • Whether the presence of ten prior criminal cases, including seven under the Excise Act, warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • criminal antecedent
  • liquor seizure
  • secret information
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23686 of 2026
                        Arising Out of PS. Case No.-35 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Ganesh Kumar Sah @ Ganesh Sah S/O Parshuram Sah @ Pasuram Sah @
                 Sparshuram Sah R/O Village- Tajpur, P.S.- Manjhi, Distt.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Chandra Mohan Jha
                 For the Opposite Party/s :         Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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

                   Sections 30(a), 32(3) and 41(1)(2) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of ten cases out of which seven

                   cases are under the Excise Act and allegation is of recovery of

                   259.20 litres of liquor from a Scorpio vehicle.

                                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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of spy i.e. secret information. It is next submitted that police in
Patna High Court CR. MISC. No.23686 of 2026(2) dt.09-04-2026
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          majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation, as secret information is the easiest way to

          implicate an accused.

                       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.50,000/- (Rupees Fifty 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 Excise Sadar (Saran) P. S. Case No.35 of 2026, 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 more than ten cases, then
               Patna High Court CR. MISC. No.23686 of 2026(2) dt.09-04-2026
                                                           3/3




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

                         that petitioner has antecedent of ten cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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