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Patna High Court

Benga SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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