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Patna High Court

Anil Sah @ Anil Kumar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U         T


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