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Patna High Court

Satendra Giri @ Satyendra GiriversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to conditions, with the trial court to verify antecedents before confirming the bail.

Summary

Satendra Giri sought anticipatory bail fearing arrest in a case under Sections 30(a) and 38(2) of the Bihar Excise Act, where 388.8 litres of liquor were allegedly recovered from a public heap of hay and not from his possession. He argued that the alleged recovery site did not belong to him and that the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.20,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent within six weeks. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; if only four are found, the provisional bail would be confirmed. The court exercised its power under Section 482(2) of the BNSS to grant the bail pending verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether the absence of possession of the alleged contraband and the public nature of the recovery site affect the grant of anticipatory bail.
  • How the petitioner’s prior criminal antecedent influences the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • Bihar Excise Act
  • criminal antecedent
  • provisional bail
  • Section 482
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7523 of 2026
                   Arising Out of PS. Case No.-451 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- East Champaran
                 ======================================================
                 Satendra Giri @ Satyendra Giri S/o Late Hari Shanakr Giri Resident of
                 Village- Mathiya K.R, PS- Sangrampur, Distt- East Champran Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Shanti Bhushan Singh
                 For the Opposite Party/s :    Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026               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 Sections 30(a) and

                   38(2) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 388.8 litres of liquor concealed

                   under heap of hay.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.7523 of 2026(2) dt.19-02-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          at the instance of local people, but then the name of the person,

          who disclosed the name of the petitioner is not disclosed in the

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

          is further 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. 20,000/- (Rupees

          Twenty 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 Excise P.S. Case No.

          451 of 2019 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
              Patna High Court CR. MISC. No.7523 of 2026(2) dt.19-02-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than four

                        cases 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 four cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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