Patna High Court
Sanish Gope @ Sanish Kumar Yadav @ Sanish Yadav @ Sanish Kumar @ Karu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
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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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