Patna High Court
Munna SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Munna Sah, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 4.5 litres of liquor from his motorcycle. He argued that the liquor was not found in his conscious possession and that he was unaware of his friend's alleged misuse of the vehicle. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify his criminal antecedents. If more than one prior case is found, the provisional bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The petitioner was also directed to deposit Rs.2,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the ownership of the vehicle, without possession of the seized liquor, suffices to justify denial of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5065 of 2026
Arising Out of PS. Case No.-394 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
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Munna Sah S/o Dukhi Sah Resident of Village - Bangra, P.S - Baikunthpur,
District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Prasad, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 4.5 liters of liquor from a
motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.5065 of 2026(2) dt.02-02-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged who fled from the spot.
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
Baikunthpur P.S. Case No. 394 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
Patna High Court CR. MISC. No.5065 of 2026(2) dt.02-02-2026
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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 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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