Patna High Court
Mukesh SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to bail bonds and verification of their antecedents.
Summary
The petitioners, five residents of Bahilwara Bhual, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 120 litres of liquor from a public bush. They argued they have clean antecedents, were not caught in possession, and the FIR was lodged by a chowkidar without prior police notice, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs. 500 each with two sureties, and subject to verification of their criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision rests on the court's discretion under Section 482(2) of the BNSS to prevent abuse of the process.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' clean antecedent and lack of possession justify provisional anticipatory bail.
- Whether conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- provisional bail
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12307 of 2026
Arising Out of PS. Case No.-647 Year-2025 Thana- SARAIYA District- Muzaffarpur
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1. Mukesh Sahni S/o Jhagaru Sahni Resident of Village- Bahilwara Bhual
Uttarigadh, P.S.- Saraiya, District- Muzaffarpur,
2. Vimal Sahni S/o Raghuvar Sahni Resident of Village- Bahilwara Bhual
Uttarigadh, P.S.- Saraiya, District- Muzaffarpur,
3. Shankar Sahni S/o Lal Bahadur Sahni Resident of Village- Bahilwara Bhual
Uttarigadh, P.S.- Saraiya, District- Muzaffarpur,
4. Chandan Sahni S/o Dharmnath Sahni Resident of Village- Bahilwara Bhual
Uttarigadh, P.S.- Saraiya, District- Muzaffarpur,
5. Sakal Sahni @ Sikil Sahni S/o Jam Bahadur Sahni @ Jang Bahadur Sahni
Resident of Village- Bahilwara Bhual Uttarigadh, P.S.- Saraiya, District-
Muzaffarpur,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 120 liters of liquor from a bush.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.12307 of 2026(2) dt.27-02-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their 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 Chowkidar. It is further submitted that if
Chowkidar was aware of the involvement of the 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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 Saraiya
P.S. Case No. 647 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
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Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons 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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