Patna High Court
Shyambabu SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bail bonds, sureties and verification of his antecedent.
Summary
Shyambabu Sah applied for anticipatory bail after an FIR was lodged under Sections 274 and 275 of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act for the alleged recovery of 35 litres of liquor from a house that is part of a joint family property. The petitioner asserted that he has a clean criminal record, that the liquor was not in his conscious possession, and that the allegation was based solely on the testimony of the house‑watchman. The State opposed the bail, arguing that the offences are non‑bailable and that the petitioner may be involved. The Court examined the lack of direct possession, the joint‑family nature of the premises, and the petitioner’s clean antecedent, and concluded that these factors warranted a provisional grant of anticipatory bail. The order was conditioned on the petitioner furnishing bail bonds and two sureties, and on the trial court verifying his antecedent before confirming the bail. If any prior case is discovered, the provisional bail will not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in offences under Sections 274 and 275 of the Bihar Narcotic Substances Act read with the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail.
- Whether the joint‑family ownership of the property affects the petitioner’s liability.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482
Subjects
- anticipatory bail
- clean antecedent
- joint family property
- liquor seizure
- Sections 274
- Section 275
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.694 of 2026
Arising Out of PS. Case No.-447 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Shyambabu Sah S/O Late Baijnath Sah Resident of Village- Sakrar Bazar,
P.S- Ramgarhwa, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 Sections 274 and
275 of the BNS read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 35 liters of liquor from asbestos house of the
petitioner.
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 the house in
question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.694 of 2026(2) dt.15-01-2026
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with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
knowledge and he 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,
when petitioner admittedly is a person with clean antecedent.
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.
500/- (Rupees Five Hundred) 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
Ramgarhwa P.S. Case No. 447 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
Patna High Court CR. MISC. No.694 of 2026(2) dt.15-01-2026
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in the event if it is found that petitioner has antecedent of even
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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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