Patna High Court

Omprakash Sah @ Om Prakash SahversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner's antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Omprakash Sah, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging the recovery of 18.360 litres of liquor from a bag and a motorcycle. He asserted that he had a clean antecedent, was not in possession of the liquor, and was not the owner of the seized motorcycle, claiming his implication arose solely from a chowkidar's disclosure. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioner's criminal antecedent. It further held that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail order.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
Whether the lack of possession and ownership of the seized items negates the necessity for arrest.
Whether the disclosure by a chowkidar, without prior police notification, affects the merits of granting bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
criminal antecedent
seizure
possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92082 of 2025
                       Arising Out of PS. Case No.-283 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Omprakash Sah @ Om Prakash Sah Son of Ramdhani Sah R/o Village -
                 Nawada Mathiya, P.S. - Jalalpur, District - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 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 18.360 liters of liquor from a bag and a motorcycle.

                                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 is not the

                   owner of the seized motorcycle and he came to be implicated

                   based on disclosure made by Chowkidar, but then it is submitted

                   that if Chowkidar was aware of the involvement of the
Patna High Court CR. MISC. No.92082 of 2025(2) dt.13-01-2026
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          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.

                       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 Jalalpur

          P.S. Case No. 283 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

          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
            Patna High Court CR. MISC. No.92082 of 2025(2) dt.13-01-2026
                                                        3/3




                      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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