Patna High Court
RAKESH SAH @ RAKESH GOND @ RAKESH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rakesh Sah, sought anticipatory bail in a case registered under Sections 274 and 275 of the Bihar Narcotic (BNS) Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging that the alleged seizure of 20 litres of liquor was from a public bush and not from his possession. He contended that the complaint was filed on the basis of a hostile informant and that the police had not conducted a proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if the petitioner is found to have more than six prior excise cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged offences under Sections 274 and 275 of the BNS Act and Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of six excise cases precludes the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic (BNS) Act, 2023 — s. 274, 275
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- provisional bail
- high court order
- Bihar Narcotic Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32890 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- CHANPATIA District- West Champaran
======================================================
RAKESH SAH @ RAKESH GOND @ RAKESH KUMAR S/O Shiv
Shankar Sah @ Shivshankar Sah Resident of village- Basantpur, P.s.- Sathi,
District- West Champaran
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 Sections 274 and
275 of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 20 liters of liquor from a bush.
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
Patna High Court CR. MISC. No.32890 of 2026(2) dt.14-05-2026
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and is accessible to villagers at large and he came to be
implicated at the instance of Chowkidar with whom he is on an
inimical term. It is also 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.
30000/- (Rupees Thirty 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
Chanpatiya P.S. Case No. 46 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 more
Patna High Court CR. MISC. No.32890 of 2026(2) dt.14-05-2026
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than six 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 six
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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