Patna High Court
Akhilesh Sahani @ Akhilesh Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to verification of antecedents and compliance with bail conditions.
Summary
The petitioner, Akhilesh Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, alleging that the alleged seizure of liquor and Mahua occurred at a public place not in his possession and that the informant (chowkidar) failed to report earlier. He highlighted his two prior excise cases and argued that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if exactly two, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner 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
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- criminal antecedents
- bail conditions
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12410 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Akhilesh Sahani @ Akhilesh Kumar Sahani S/o Sudish Sahani Resident of
village - Banparua, P.s.- Kesariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The 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 antecedent of two cases under the Excise Act and
allegation is of recovery of 150 litres of liquor from Banparua
Houli ghat and a sugarcane field along with 2500 litres of
Mahua pass which was destroyed. 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
Patna High Court CR. MISC. No.12410 of 2026(2) dt.10-03-2026
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and is accessible to public at large and he came to be implicated
at the instance of chowkidar but then it is 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. 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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Dumariyaghat P.S. Case No.236/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
Patna High Court CR. MISC. No.12410 of 2026(2) dt.10-03-2026
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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
two cases, 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 two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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