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Patna High Court

Sudhir Sah @ Sudhir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases.

Summary

The petitioner, Sudhir Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 97.275 litres of liquor from a cattle shed adjacent to his house. He argued that no liquor was seized from his possession, the informant’s name was omitted from the FIR, and the investigation was mechanically based on secret information. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on condition of furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedents. The court stipulated that if verification reveals more than three prior cases, the bail would not be confirmed; if exactly three, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged seizure was not from the accused's possession.
  • Whether the presence of prior criminal antecedents affects the grant of anticipatory bail.
  • Whether the omission of the informant’s name in the FIR undermines the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • Bihar Excise Act
  • criminal antecedent
  • secret informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31519 of 2026
                     Arising Out of PS. Case No.-106 Year-2026 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Sudhir Sah @ Sudhir Kumar S/o Late Tulsi Sah R/o - J.P Colony, P.S - Town,
                 District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Alias Ashok Karn
                 For the Opposite Party/s :      Mr.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026               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 the

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 97.275

                   litres of liquor from a cattle shed adjacent to the house of the

                   petitioner.

                             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 even the alleged
Patna High Court CR. MISC. No.31519 of 2026(2) dt.12-05-2026
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          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 people, but then the name of the person,

          who 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 further submitted 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

          Madhubani Town P.S. Case No. 106 of 2026, subject to the
              Patna High Court CR. MISC. No.31519 of 2026(2) dt.12-05-2026
                                                          3/3




                        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

                        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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