Created by Fuzzy Cloud

Patna High Court

Akhilesh Sahani @ Akhilesh Kumar SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.