Patna High Court
Sunil PatelversusThe 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 bail bond conditions.
Summary
The petitioner, Sunil Patel, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32(ii) and 41(i) of the Bihar Excise Act concerning the alleged recovery of 1,230 litres of raw spirit from a truck. He contended that he was not in possession of the seized vehicle, was not its owner, and was implicated by a watchman with whom he has a hostile relationship, arguing that the police had mechanically implicated him without proper investigation. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedent; if more than four prior cases are found, the bail would not be confirmed. The Court also allowed correction of a typographical error in the case number. The order is subject to verification under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise case under the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of four cases disqualifies him from obtaining anticipatory bail.
- Whether the lack of possession of the seized vehicle and alleged police procedural lapses affect the bail decision.
Legislation cited
- Code of Criminal Procedure — s. 482
Subjects
- anticipatory bail
- excise law
- seizure of spirit
- police investigation
- criminal antecedent
- Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4071 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
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Sunil Patel S/O Gauri Shankar Patel R/O Village- Gousaipur, Maltoli, P.S.-
Rampur Hari, District-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Shadab Alam Wazdi
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 30(a),
32(ii) and 41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 1230 litres of raw spirit from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chowkidar with whom he is on an inimical term. It is next
submitted that if the Chowkidar was aware about the
Patna High Court CR. MISC. No.4071 of 2026(3) dt.16-03-2026
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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
further 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
Rampur Hari P.S. Case No. 213 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
Patna High Court CR. MISC. No.4071 of 2026(3) dt.16-03-2026
3/3
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
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 in that event the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, learned counsel appearing on behalf
of the petitioner submits that inadvertently at para-1 and in the
prayer portion of the anticipatory bail application, it has been
recorded that Rampur Hari PS Case No. 213 of 2015, when it
ought to have been Rampur Hari PS Case No. 213 of 2025, thus
seeks permission to rectify the same.
9. Permission is accorded.
(Satyavrat Verma, J)
Sumit/-
U T
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