Patna High Court
Jawahir SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated conditions.
Summary
Petitioner Jawahir Sahani sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 300 litres of liquor and 800 litres of semi‑prepared liquor were seized from a public riverbank location not belonging to him. The petition argued that no liquor was found in his possession, the informant’s identity was undisclosed, and the police investigation was mechanically based on hearsay. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused has no possession of the seized liquor and the informant is unnamed.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- possession
- informant anonymity
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1031 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Jawahir Sahani Son of Late Kishun Sahani Resident of Village- Tikuliya, P.S.-
Muffasil, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 300 litres of liquor from a place near
bank of a river and 800 litres of semi-prepare liquor, which was
destroyed at the spot. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner and is accessible to
public at large and he came to be implicated at the instance of
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local person but the name of the person who disclosed the name
of the petitioner is not disclosed in the 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 through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees 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 Chiraiya
P.S. Case No.370/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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