Patna High Court
Bamb Shankar Baitha @ Bam Shankar BaithaversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation only if antecedent does not exceed two cases.
Summary
The petitioner, Bamb Shankar Baitha, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging recovery of 284.1 litres of liquor from a straw house not owned by him. He argued that the police had no direct possession of the liquor on him, that the complaint originated from a chowkidar whose prior knowledge was questionable, and that the investigation was mechanically driven. The State opposed the bail, contending the seriousness of the offences. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further held that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged excise offences under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of direct possession and the circumstances of the complaint justify bail.
- Whether the petitioner’s criminal antecedent (more than two prior cases) affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- straw house
- criminal antecedent
- Section 274
- Section 275
- Bihar Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75319 of 2025
Arising Out of PS. Case No.-330 Year-2024 Thana- PATAHI District- East Champaran
======================================================
Bamb Shankar Baitha @ Bam Shankar Baitha S/O Hiralal Baitha @ Jitendra
Kumar Ranjan Resident of village- Nonfarwa, P.S. Patahi District- East
Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 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, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 284.100 liters of liquor from a straw
house.
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 even alleged
Patna High Court CR. MISC. No.75319 of 2025(3) dt.19-01-2026
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recovery is from a straw house which does not belong to the
petitioner 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. 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.
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.
10,000/- (Rupees Ten 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 Patahi
P.S. Case No. 330 of 2024 subject to the conditions as laid down
Patna High Court CR. MISC. No.75319 of 2025(3) dt.19-01-2026
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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 event if it is found that petitioner has antecedent of more
than two 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 two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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