Patna High Court
Anil DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to anticipatory bail under Section 482, BNSS, 2023, subject to monetary deposit, bail bond and verification of criminal antecedents.
Summary
The Patna High Court entertained an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by Anil Das, who feared arrest in a case involving the seizure of 954 litres of Nepali wine under the Bihar Prohibition and Excise Act and several provisions of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the wine was recovered from a Scorpio vehicle and that the petitioner was one of four accused, while the petitioner asserted his innocence, lack of ownership of the vehicle, and absence of any recovered contraband in his possession. The State opposed bail, citing corroborative material, including a driver’s statement on the modus operandi. The Court, after considering the submissions, granted anticipatory bail subject to a deposit of Rs. 40,000 to the Excise Department, a bail bond of Rs. 30,000, and a condition that the trial court verify the petitioner’s criminal antecedents, with cancellation possible if concealment is discovered. The order emphasized that acceptance of the bail bond should not be delayed for verification purposes.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS, 2023 despite the serious nature of the offences alleged under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023.
- Whether the material placed before the Court, including the driver’s statement, justifies denial of anticipatory bail.
- What conditions, if any, should be imposed on the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 125(a), 125(b), 281
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- excise law
- Nepali wine seizure
- criminal antecedent verification
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36467 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- SONBERSA District- Sitamarhi
======================================================
Anil Das Son of Ram Ishwar Das Resident of Ram Nagra, P.S.- Kanhauli,
District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Learned Counsel for the petitioner and learned APP
for the State are present.
3. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends his
arrest in connection with Sonbarsa P.S. Case No. 86 of 2026,
lodged on 29.03.2026, under Section 30(a) of the Bihar
Prohibition and Excise Act and Sections 111, 125(a), 125(b) and
281 of the Bharatiya Nyaya Sanhita, 2023.
Patna High Court CR. MISC. No.36467 of 2026(2) dt.04-06-2026
2/3
4. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner.
Total recovery of 954 litres of Nepali wine has been made which
is the subject matter of the present case.
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that antecedent of the petitioner is clean and his name
has surfaced in the confessional statement of co-accused.
Counsel submits that the recovery of alleged Nepali wine has
been made from a Scorpio. Counsel submits that petitioner is
not the owner of the said vehicle. Counsel further submits that
nothing has been recovered from his conscious possession.
Counsel further submits that petitioner is ready to fulfill all the
conditions whatsoever shall be imposed upon him.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that there is corroborative
material as driver has directly stated about the modus operandi.
7. In the present facts and circumstances of this case,
let the petitioner, above named, be released on anticipatory bail
subject to deposit of Rs. 40,000 (Forty Thousand) in the
account of Excise Department, in the event of arrest or
surrender before the learned Court below within a period of 4
Patna High Court CR. MISC. No.36467 of 2026(2) dt.04-06-2026
3/3
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the BNSS, 2023 to the satisfaction of Special Judge, Exclusive
Excise Court-01, Sitamarhi, in connection with Sonbarsa P.S.
Case No. 86 of 2026, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
8. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.