Patna High Court
Subhash Kumar @ Subhash SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated bail conditions.
Summary
The petitioner, Subhash Kumar, feared arrest in a case registered under Sections 318(4), 338, 336(3) and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging recovery of liquor from a truck and a banana orchard. He contended that he was not caught in possession, the orchard did not belong to him, and that the complaint was motivated by a hostile chowkidar. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and a requirement that the trial court verify his criminal antecedent. If more than four prior cases are found, the bail will not be confirmed; otherwise it will be confirmed. The petitioner was also directed to deposit Rs.7,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged under the Bihar Narcotic Substances Act and the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of four excise cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(4), 336(3), 338, 3(5), 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3609 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- CHACKMEHSI District- Samastipur
======================================================
Subhash Kumar @ Subhash Sahani S/o Chhathu Sahani R/o Village -
Sakriman, P.S - Hatha, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-02-2026 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 318(4),
338, 336(3) and 3(5) 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 four cases under the excise act and
allegation is of recovery of 473.4 liters of liquor from a truck
and 132.12 liters of liquor from a banana orchard.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession nor the banana
orchard belongs to him and he came to be implicated at the
Patna High Court CR. MISC. No.3609 of 2026(2) dt.05-02-2026
2/3
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.
20,000/- (Rupees Twenty 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
Chakmehsi P.S. Case No. 156 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
than four cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.3609 of 2026(2) dt.05-02-2026
3/3
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 four
cases only, 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.
7500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…