Patna High Court
Anil SardarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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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