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Patna High Court

Guli Sah @ Goli Sah @ Gulli SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of antecedent cases.

Summary

The petitioner, Guli Sah, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 20 litres of liquor near Sirani Canal. He contended that the liquor was not found in his possession, the alleged recovery site did not belong to him, and the informant’s name was omitted from the FIR, raising doubts about the prosecution’s case. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. It further held that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the absence of recovered liquor in the accused's possession and procedural irregularities justify granting bail.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2) CrPC
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.413 of 2026
                   Arising Out of PS. Case No.-285 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
                 Guli Sah @ Goli Sah @ Gulli Sah Son of Late Sukhdev Sah @ Late
                 Rikhadev Sah R/o - Sirani (Sirani Bazar), P.S - Malahi, District - East
                 Champaran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binay Kant Mani Tripathi, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 20 litres of liquor from a place near

                   Sirani Canal. It is next submitted that petitioner was not arrested

                   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 is accessible to

                   villagers at large and he came to be implicated at the instance of
Patna High Court CR. MISC. No.413 of 2026(2) dt.15-01-2026
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          local person and Chowkidar but then it is submitted that name

          of the person, who disclosed the name of the petitioner, is not

          disclosed in the FIR, which casts an aspersion on the case of the

          prosecution. It is also submitted that if Chowkidar 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 furtehr casts an aspersion on the case of the prosecution.

          It is next 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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special     Excise      Judge-1,        Motihari, East   Champaran   in
               Patna High Court CR. MISC. No.413 of 2026(2) dt.15-01-2026
                                                           3/3




                         connection with Malahi P.S. Case No.285 of 2025, subject to the

                         conditions laid down under Section 482(2) of the B.N.S.S.

                                      6. The application stands allowed.

                                      7. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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