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Patna High Court

Bhola SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The anticipatory bail application is allowed, granting provisional bail subject to conditions.

Summary

The petitioner, Bhola Sah, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 25.92 litres of liquor in a dalan, though no arrest was made at the spot and the liquor was not in his immediate possession. He has eight prior criminal cases, six of which relate to the Excise Act, and argued that the evidence was weak and the complaint was prompted by a chowkidar. The State opposed his anticipatory bail application. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.40,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., including verification of his antecedents and a deposit of Rs.10,000 with the Legal Services Committee. The order stipulated that if more than eight prior cases are found, the bail would not be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor possession
  • Section 30
  • Section 482
  • bail bond
  • criminal antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6192 of 2026
                          Arising Out of PS. Case No.-90 Year-2025 Thana- Sinha District- Bhojpur
                 ======================================================
                 Bhola Sah Son of Krishna Sah Resident of Village- Nathmalpur, P.S.- Sinha,
                 District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :         Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and Mr.

                   Rabindra Kumar, learned APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of eight cases, out of which, six cases

                   are under the Excise Act and allegation is of recovery of 25.92

                   litres of liquor from Dalan of the petitioner. It is next submitted

                   that petitioner was not arrested from the spot, as such, nothing

                   was recovered from his conscious possession and Dalan is a

                   place outside the house and thus, is accessible to villagers at

                   large. It is further submitted that no prudent person would use

                   his own premises for committing an occurrence and thus, would
Patna High Court CR. MISC. No.6192 of 2026(2) dt.04-02-2026
                                            2/3




          create evidence against himself and hence, would get implicated

          and the petitioner came to be implicated at the instance of

          Chowkidar but then it is submitted that if Chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR, which casts an aspersion on the case of the prosecution. It

          is also 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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.40,000/- (Rupees Forty Thousand) with two sureties

          of the like amount each to the satisfaction of learned Exclusive

          Special Excise Court 1st, Bhojpur at Ara in connection with

          Sinha P.S. Case No.90 of 2025, subject to the conditions laid
               Patna High Court CR. MISC. No.6192 of 2026(2) dt.04-02-2026
                                                           3/3




                         down under Section 482(2) of the B.N.S.S.

                                      6. The application stands allowed.

                                      7. It is made clear that the learned trial Court after

                         accepting the provisional bail bond of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than eight cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only eight cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.10,000/- with High Court Legal

                         Services Committee, Patna within a period of two weeks from

                         today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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