Patna High Court
Deepak Sah @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Deepak Sah, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 10 litres of liquor from an open field belonging to Ravindra Sah. He argued that he was not caught in possession, the liquor was not on his property, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and a deposit of Rs.2,500 with the Advocates’ Association, subject to verification of his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed. The Court directed the trial court to verify the antecedent and act accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged excise offence.
- Whether the lack of possession and omission of the informant’s name in the FIR justify granting bail.
- Whether the petitioner’s criminal antecedent, if more than one case, should preclude confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- criminal antecedent
- bail conditions
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4640 of 2026
Arising Out of PS. Case No.-348 Year-2025 Thana- NOKHA District- Rohtas
======================================================
Deepak Sah @ Deepak Kumar Son of Krishna Sah Resident of Village-
Lewra P.S.- Nokha, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 one case under the excise act and
allegation is of recovery of 10 liters of liquor from an open field
of Ravindra Sah.
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 is accessible to public at large and he has no concern or
Patna High Court CR. MISC. No.4640 of 2026(2) dt.31-01-2026
2/3
relation with Ravindra, but then came to be implicated at the
instance of local person, but then the 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.
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.
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 Nokha
P.S. Case No. 348 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
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 seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.4640 of 2026(2) dt.31-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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