Patna High Court
Raj Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Raj Kumar Sah, sought anticipatory bail fearing arrest in a case registered under Section 318(4) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Bihar Excise Act, relating to the alleged recovery of 2,800.4 litres of liquor from a vehicle. He argued that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicle, and was implicated solely on secret information without a proper investigation. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the furnishing of bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the Bihar Narcotic Substances Act. The order stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; if exactly three, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bihar Narcotic Substances Act for offences under Section 318(4) BNS and Sections 30(a), 41(1) of the Bihar Excise Act.
- Whether the reliance on secret information without a proper investigation justifies denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 318(4), 482(2)
Subjects
- anticipatory bail
- excise law
- secret information
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28151 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- KALYANPUR District- Samastipur
======================================================
Raj Kumar Sah S/O Ramchandra Sah R/O Village- Bhutta Chowk
(Gopalpur), P.S- Kalyanpur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 318(4) of
BNS and Sections 30(a) and 41(1) 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 2800.4 litres of liquor from a car.
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 secret
information which is the easiest way to implicate someone
without holding a proper investigation. It is further submitted
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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.
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
Kalyanpur P.S. Case No. 63 of 2026, 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
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
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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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