Patna High Court

Raghuwar SahversusThe State of Bihar

Decided: 29 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Raghuwar Sah, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 151.68 litres of liquor from a vehicle he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and that the driver of the vehicle acted without his knowledge. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
Whether ownership of the vehicle used for the alleged offence creates sufficient grounds for arrest.
Whether the petitioner’s clean antecedent and lack of conscious possession justify bail.

Subjects

anticipatory bail
excise law
vehicle ownership
clean antecedent
Section 30
Section 32
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28756 of 2026
                       Arising Out of PS. Case No.-389 Year-2024 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Raghuwar Sah S/O Shambhu Sah Resident of Vill.- Sahraw, P.S- Bhagwanpur
                 Hat,Dist- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Chandra
                 For the Opposite Party/s :        Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 151.680 liters of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.28756 of 2026(2) dt.29-04-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver would misuse the vehicle in the manner as

          alleged who also fled from the spot.

                       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.

          500/- (Rupees Five Hundred) 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 Siwan

          (Excise Sadar) P.S. Case No.                389 of 2024 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 even

          one case 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
            Patna High Court CR. MISC. No.28756 of 2026(2) dt.29-04-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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