Patna High Court
Nikesh SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' criminal antecedents and compliance with bail bond conditions.
Summary
The petitioners, three residents of Amarpura Tola, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 110 litres of liquor from a motorcycle and a mustard field. They argued that they were not arrested on the spot, had no possession of the seized items, were not owners of the motorcycle or field, and were implicated solely on unnamed local information, which they claimed undermined the prosecution's case. The State opposed the bail, citing their prior criminal antecedents under the Excise Act. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioners' criminal records. It further stipulated that if the verification revealed more antecedent cases than disclosed, the bail would not be confirmed for the concerned petitioner; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in an excise offence case where the accused have prior criminal antecedents.
- Whether the lack of direct possession and the absence of the informant's name in the FIR justify granting anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- seizure
- police investigation
- Section 30 Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31524 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- MOHAMMADPUR District- Gopalganj
======================================================
1. Nikesh Sah S/O Late Nami Sah Resident of village- Amarpura Tola
Jagirahal, P.S.- Mohammadpur, Distt.- Goplaganj
2. Rahul Sah @ Rahul Kr S/O Sohran Sah Resident of village- Amarpura Tola
Jagirahal, P.S.- Mohammadpur, Distt.- Goplaganj
3. Dharmendra Sah S/O Bipin Sah Resident of village- Amarpura Tola
Jagirahal, P.S.- Mohammadpur, Distt.- Goplaganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmveer
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner nos. 1 and 2 have antecedent of two cases under the
Excise Act and petitioner no. 3 has antecedent of one case under
the Excise Act and allegation is of recovery of 110 litres of
liquor from a motorcycle and 110 litres of liquor from a mustard
field.
Patna High Court CR. MISC. No.31524 of 2026(2) dt.12-05-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not the
owners of the seized motorcycle nor the field belongs to them
and they came to be implicated at the instance of local people,
but then the name of the person, who disclosed the name of the
petitioners, is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution, when petitioners have 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned trial court where the case is pending/successor
Patna High Court CR. MISC. No.31524 of 2026(2) dt.12-05-2026
3/3
court in connection with Mohammadpur P.S. Case No. 23 of
2026, subject to the conditions as laid down under Section
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner nos. 1 and 2 have antecedent of
more than two cases and petitioner no. 3 has antecedent of more
than one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner nos. 1 and 2 have
antecedent of two cases and petitioner no. 3 has antecedent of
one case in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.