Patna High Court
Anil Sah @ Anil Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions imposed.
Summary
The petitioner, Anil Sah, sought anticipatory bail fearing arrest in a case registered under Sections 272 and 273 of the IPC and Sections 30(a), 36 and 41(1) of the Bihar Excise Act, alleging recovery of liquor from a motorcycle and a truck. He has five prior excise cases and contends that no liquor was found in his possession and that the case is based solely on a confessional statement made by another person, Subal, while in police custody, which he argues lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 25,000 with two sureties and directed that the trial court verify the petitioner’s criminal antecedent within six weeks. If the antecedent exceeds five cases, the bail will not be confirmed; if it is exactly five, the provisional order will be confirmed. The order is made under Section 482(2) of the BNSS and is conditioned on compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether a confessional statement made in police custody can form a basis for arrest and denial of bail
- Whether the petitioner’s prior five excise cases preclude the grant of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 482
- Section 438
- IPC 272
- IPC 273
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84534 of 2025
Arising Out of PS. Case No.-98 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Anil Sah @ Anil Kumar Sah Son of Ramashish Sah Resident of Village-
Kamla Road, Ward No. 06, Near Ram Janki Mandir, P.S.- Jay Nagar, District-
Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-02-2026 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 272 and
273 of IPC and Sections 30(a), 36 and 41(1) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner have antecedent of five cases under the Excise Act
and allegation is of recovery of 1.125 litres of liquor from a
motorcycle and 0.375 litres of liquor from a truck.
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 is not the owner of
Patna High Court CR. MISC. No.84534 of 2025(3) dt.23-02-2026
2/3
any of the seized vehicles and he came to be implicated based
on confessional statement of Subal in police custody which does
not have any evidentiary value. 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. It is also
submitted that petitioner earlier also came to be implicated in a
similar manner.
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. 25,000/- (Rupees
Twenty-five 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 Bhairavsthan P.S. Case
No. 98 of 2022 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.84534 of 2025(3) dt.23-02-2026
3/3
event if it is found that petitioner has antecedent of more than five
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 five cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
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