Patna High Court

Sikandra SahniversusThe State of Bihar

Decided: 9 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted subject to bond, sureties and verification of antecedent, and may be confirmed if the petitioner has no more than one prior case.

Summary

The petitioner, Sikandra Sahni, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 8.4 litres of liquor near Satlakha bridge. He was not apprehended at the spot and no liquor was found in his possession; the complaint was lodged by a chowkidar with whom he has an inimical relationship. The petitioner sought anticipatory bail, arguing lack of direct involvement and questioning the informant’s motive. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a condition that the trial court verify his criminal antecedent, with confirmation of bail only if he has at most one prior case.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
Whether the absence of possession and the informant’s alleged animus affect the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30
Section 482
criminal procedure
liquor seizure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12539 of 2026
                      Arising Out of PS. Case No.-162 Year-2025 Thana- RAHIKA District- Madhubani
                 ======================================================
                 Sikandra Sahni S/O Late Ramvilas Sahni Resident of Village- Satlakha
                 Dishtol Ward No. 08, Police Station- Rahika, District- Madhubani.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md Soban Asghar, Advocate
                 For the Opposite Party/s :       Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar 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 8.4 liters of liquor from a place near

                   Satlakha bridge.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.12539 of 2026(3) dt.09-03-2026
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          at the instance of Chowkidar with whom he is on an inimical

          term. 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 petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (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 Rahika

          P.S. Case No. 162 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

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.12539 of 2026(3) dt.09-03-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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