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Patna High Court

Mahadev Sah @ Ravindra SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

Mahadev Sah applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 41 litres of liquor from a car. The petitioner argued that he was not arrested at the spot, did not have the seized car in his possession, and was implicated by a watchman without proper investigation. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The court stipulated that if more than one antecedent case is found, the provisional bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The application was allowed, and the petitioner also undertook to deposit Rs.2,500 with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
  • Whether the petitioner’s lack of arrest and non-possession of the seized vehicle justify granting anticipatory bail.
  • Whether the petitioner’s criminal antecedent should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4507 of 2026
                       Arising Out of PS. Case No.-114 Year-2025 Thana- Dhrampura District- Rohtas
                 ======================================================
                 Mahadev Sah @ Ravindra Sah S/o Vishwanath Sah Resident of Village -
                 Mujradh, P.S.- Dharmpura, District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashikant
                 For the Opposite Party/s :        Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 41 litres of liquor from a car.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized car and he came to be implicated at the instance of

                   Chaukidar, but then, it is submitted that police in majority of

                   cases implicating innocent persons either at the behest of
Patna High Court CR. MISC. No.4507 of 2026(2) dt.31-01-2026
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          Chaukidar, local person, secret information and confessional

          statement in a mechanical manner without holding a proper

          investigation.

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

          application.

                       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 Court below

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

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Dharmpura P. S. Case No.114 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. 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
               Patna High Court CR. MISC. No.4507 of 2026(2) dt.31-01-2026
                                                           3/3




                         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 one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.2500/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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