Patna High Court
Rahul SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the CrPC.
Summary
Petitioner Rahul Sahani applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, alleging that liquor was recovered from two motorcycles but he was not arrested on the spot and does not own the vehicles. The petitioner has three prior excise cases and claims he was implicated by a chowkidar without proper investigation. The High Court, after hearing counsel, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code. The court ordered the trial court to verify the petitioner’s criminal antecedents; if more than three prior cases are found, the bail will not be confirmed, otherwise it will be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- 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
- Section 30
- Section 482
- criminal antecedent
- provisional bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1101 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Rahul Sahani S/O Sipahi Sahani R/O Vill.- Damobriti, Ward No.- 13, P.S-
Harsidhi, District - East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases under the Excise Act
and allegation is of recovery of 200 litres of liquor from two
different motorcycles. It is next submitted that petitioner was
not arrested from the spot, as such, nothing was recovered from
his conscious possession and is not the owner of the seized
vehicles and he came to be implicated at the instance of
Chowkidar but then it is submitted that once an accused is
implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.1101 of 2026(2) dt.20-01-2026
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implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of learned Special
Judge, Excise Court No.-I, East Champaran, Motihari in
connection with Harsidhi P.S. Case No.277 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
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this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only three cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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