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Patna High Court

Anil SardarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner's antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Anil Sardar, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Excise Act for alleged recovery of 104 litres of liquor from locations adjacent to his house. He argued that no liquor was found in his conscious possession and that the investigation was mechanically initiated without proper inquiry. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.5,000 with two sureties and deposits Rs.2,500 with the Lawyers’ Association, subject to verification of his criminal antecedent. The court further stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one prior case is discovered, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of liquor in the petitioner's possession justifies granting anticipatory bail.
  • Whether the High Court can impose conditions pending verification of the petitioner's criminal antecedent.

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5498 of 2026
                  Arising Out of PS. Case No.-223 Year-2025 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Anil Sardar S/O Shakti Lal Sardar R/O Vill.-Morkahi ward no.- 10, P.S-
                 Shankarpur, District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Pooja Prasad
                 For the Opposite Party/s :     Md. Anzarul Haque Sahara
                 ======================================================
                 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 104 liters of liquor from two

                   different places out of which 82 liters of liquor is alleged to

                   have been recovered from backside of the hut of the petitioner

                   and 22 liters of liquor from house of Akhilesh.

                                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
Patna High Court CR. MISC. No.5498 of 2026(2) dt.02-02-2026
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          recovery is from a place which does not belong to the petitioner,

          but then is adjacent to his house and he came to be implicated at

          the instance of local person, but then it is 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.

          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

          Shankarpur P.S. Case No. 223 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
            Patna High Court CR. MISC. No.5498 of 2026(2) dt.02-02-2026
                                                        3/3




                      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

                      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 Lawyers’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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