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Patna High Court

Nand Kishore Sah @ Nand Kishor ShahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of antecedents, under Section 482(2) of the Bihar Prohibition and Excise Act.

Summary

The petitioner, Nand Kishore Sah, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 111 litres of liquor from a sack near his house. He contended that the liquor was not in his conscious possession, the recovery site did not belong to him, and the FIR did not name him, suggesting reliance on secret information. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court. The order was made subject to verification of the petitioner’s criminal antecedents, with confirmation of bail if only one prior case is found, and denial if more than one antecedent is discovered. The decision was anchored on the powers of the High Court under Section 482(2) of the Bihar Prohibition and Excise Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the circumstances of the alleged seizure and the FIR justify denial of bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • provisional bail
  • criminal antecedent
  • FIR
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25526 of 2026
                    Arising Out of PS. Case No.-120 Year-2026 Thana- DHAKA District- East Champaran
                 ======================================================
                 Nand Kishore Sah @ Nand Kishor Shah Son of Late Ramchandra Sah
                 Resident of Village- Raksa Rahimpur, P.S.- Dhaka, District- East Champaran

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

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

2   21-04-2026                      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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 111 litres of liquor from a sack near

                   house of the petitioner. It is next submitted 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 but then is

                   adjacent to his house and he came to be implicated at the

                   instance of local person but then the name of the person who
Patna High Court CR. MISC. No.25526 of 2026(2) dt.21-04-2026
                                            2/3




          disclosed the name of the petitioner is not disclosed in the FIR,

          which casts an aspersion on the case of the prosecution when

          petitioner has not been implicated based on secret information.

          It is also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five 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 Dhaka P.S. Case No.120/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.25526 of 2026(2) dt.21-04-2026
                                                         3/3




                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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