Patna High Court

Bhikhari SahniversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Bhikhari Sahni, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 600.75 litres of liquor from three motorcycles. He argued that he was not in actual possession of the liquor and was implicated only because he owned one of the seized vehicles, claiming he was unaware of his friend’s misuse of the vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the alleged recovery of liquor from vehicles he owned.
Whether ownership of a vehicle used in the alleged offence constitutes sufficient ground to deny anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
possession
vehicle ownership
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10163 of 2026
                     Arising Out of PS. Case No.-271 Year-2025 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Bhikhari Sahni S/o Janu Paswan R/O- Dhankaul, Ward No.9, P.S.- Piprahi,
                 Dist- Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar
                 For the Opposite Party/s :       Mr. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 600.75 liters of liquor from three motorcycles.

                                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 he came to be

                   implicated based on the fact that he is owner of one of the

                   seized vehicles. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.10163 of 2026(3) dt.16-03-2026
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          thus would create evidence against himself and hence would get

          implicated, it is also submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged who also fled from the spot.

                       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 Punaura

          P.S. Case No. 271 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 verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.10163 of 2026(3) dt.16-03-2026
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                      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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