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Patna High Court

Sanish Gope @ Sanish Kumar Yadav @ Sanish Yadav @ Sanish Kumar @ Karu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s criminal antecedent, with confirmation contingent on the antecedent not exceeding three prior cases.

Summary

The petitioner, Sanish Gope, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 80 litres of liquor, though he was not apprehended at the scene and claims no possession. He argued that the accusation stemmed from a local informant and questioned why the informant did not approach police earlier, suggesting a lack of proper investigation. The petitioner sought anticipatory bail, while the State opposed the relief. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The order stipulates that if more than three prior cases are found, the bail will not be confirmed; otherwise, the provisional bail will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case.
  • Whether the petitioner’s alleged lack of possession and the manner of his implication justify granting bail.
  • Whether the petitioner’s criminal antecedent, if exceeding three prior cases, should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Bihar Excise Act
  • criminal antecedent
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36820 of 2026
                      Arising Out of PS. Case No.-287 Year-2025 Thana- SOHSARAI District- Nalanda
                 ======================================================
                 Sanish Gope @ Sanish Kumar Yadav @ Sanish Yadav @ Sanish Kumar @
                 Karu Yadav S/O Raju Yadav R/O Vill.- Malbigha, P.s- Noorsarai, Dist.-
                 Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash
                 For the Opposite Party/s :       Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-06-2026                  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 three cases under the Excise Act and

                   allegation is of recovery of 80 liters of liquor from a sack.

                                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

                   and he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.36820 of 2026(3) dt.22-06-2026
                                            2/3




          then it is submitted that if local person was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. 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.

          15000/- (Rupees Fifteen 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 Sohsarai

          P.S. Case No. 287 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
            Patna High Court CR. MISC. No.36820 of 2026(3) dt.22-06-2026
                                                        3/3




                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than three 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 three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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