Patna High Court
Kamta SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Kamta Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 75 litres of liquor and a motorcycle. He asserted a clean criminal record and argued that the seized vehicle and liquor were not in his possession, contending that a friend had misused his vehicle and fled the scene. The State opposed the bail, maintaining the seriousness of the alleged offence. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and required verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor and the motorcycle constitute sufficient grounds to deny bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- seizure of liquor
- motor vehicle misuse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2917 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- DHAUDAD District- Rohtas
======================================================
Kamta Sah S/O Doma Sah R/O Vill.- Jamuhar, P.S.- Dehri On Sone, Dist.-
Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sonu Singh, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 30(a) 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 75 liters of liquor from a bush along with a
motorcycle.
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 even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on the fact that he is owner
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of the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is also submitted that petitioner was completely
unaware that his friend 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
Dhaudadh P.S. Case No. 110 of 2025 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
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
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.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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