Patna High Court
Ganesh Kumar Sah @ Ganesh sahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner subject to verification of his criminal antecedent.
Summary
The petitioner, Ganesh Kumar Sah, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 316.6 litres of liquor from a Tata Indigo. He argued that he was not apprehended at the spot, had no conscious possession of the liquor, and was implicated solely on secret information without proper investigation. The State opposed the bail, citing the petitioner’s extensive criminal antecedent, including eight prior excise cases. The Court granted provisional anticipatory bail, subject to a bond of Rs.55,000 with two sureties and a condition that the trial court verify his antecedent; if more than eleven cases are found, the bail would not be confirmed. The order directs that the bail be confirmed only if the antecedent does not exceed eleven cases.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused claims lack of conscious possession and reliance on secret information.
- Whether the petitioner’s criminal antecedent of eleven cases affects the grant of anticipatory bail.
- Whether conditions under Section 482(2) of the BNSS can be imposed on anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- secret information
- criminal antecedent
- provisional bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34505 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Ganesh Kumar Sah @ Ganesh sah Son of Parshuram sah @ Pasuram sah
Resident of Village -Tajpur Ps- Manjhi District -Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 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
petitioner has antecedent of eleven cases out of which eight
cases are under the Excise Act and allegation is of recovery of
316.6 liters of liquor from a Tata Indigo 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 is not the
owner of the seized vehicle and came to be implicated based on
secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.34505 of 2026(2) dt.15-05-2026
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someone. 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.
55000/- (Rupees Fifty Five 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
Janta Bazar P.S. Case No. 73 of 2026 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
than eleven cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.34505 of 2026(2) dt.15-05-2026
3/3
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 eleven
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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