Patna High Court
Nand Kishore Sah @ Nand Kishor ShahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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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