Patna High Court
Benga SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of criminal antecedents.
Summary
The petitioners, three residents of Pakaridayal, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 75 litres of liquor from the shop of petitioner No. 3. They argued that the liquor was seized in the absence of petitioner No. 3, that they were not in possession of the liquor, and that the shop owner was not among them, suggesting they were implicated by the watchman. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and directed verification of the petitioners’ criminal antecedents, stipulating that the bail would be confirmed only if the antecedent cases did not exceed the stated limits. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 482
- liquor seizure
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58208 of 2025
Arising Out of PS. Case No.-277 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Benga Sah S/O Late Ramshray Sah Resident of Pakaridayal, P.S.-
Pakridayal, Dist.- East Champaran.
2. Raushan Sah S/O Benga Sah Resident of Pakaridayal, P.S.- Pakridayal,
Dist.- East Champaran.
3. Mintu Sah @ Mintulal Prasad S/O Late Satyanarayan Sah Resident of
Pakaridayal, P.S.- Pakridayal, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner nos. 1 and 2 have antecedent of two cases and
petitioner no. 3 has antecedent of one case and allegation is of
recovery of 75 liters of liquor from shop of petitioner no. 3.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.58208 of 2025(3) dt.06-01-2026
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was recovered from their conscious possession and petitioner
nos. 1 and 2 are not the owners of shop. It is also submitted that
the liquor was seized in absence of petitioner no. 3. It is next
submitted that no prudent person would use his own premises
for committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
submitted that it appears that in absence of petitioner no. 3
someone concealed the liquor while fleeing from the police and
the petitioners came to be implicated at the instance of
Chowkidar.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
10,000/- (Rupees Ten Thousand) each 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
Pakaridayal P.S. Case No. 277 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.58208 of 2025(3) dt.06-01-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioner nos. 1 and 2 have
antecedent of more than two cases and petitioner no. 3 has
antecedent of more than one case, then it would be presumed
that petitioners, for the purposes of seeking anticipatory bail,
had concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioner nos. 1 and 2 have
antecedent of two cases only and petitioner no. 3 has antecedent
of one case only, in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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