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Patna High Court

Chandu Sahani @ Chandu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of antecedent records.

Summary

The petitioners, three relatives, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 30 litres of liquor from a motorcycle. The petitioners argued that they were not arrested at the spot, that the seized liquor was not in their conscious possession, and that the confessional statement of an apprehended co-accused had no evidentiary value. The State opposed the grant of anticipatory bail. The Court considered the antecedent records of the petitioners, noting that petitioner No.1 had one prior case under the Excise Act while petitioners No.2 and No.3 claimed clean records. The Court granted provisional anticipatory bail subject to a Rs.5,000 bail bond with two sureties each and directed verification of criminal antecedents, with the bail to be confirmed or cancelled based on that verification.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) CrPC for offences under Section 30(a) of the Excise Act
  • Whether the lack of conscious possession and the confessional statement of a co-accused affect the grant of anticipatory bail
  • Whether the petitioners' criminal antecedents should influence the decision on anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13150 of 2026
                     Arising Out of PS. Case No.-206 Year-2025 Thana- ASHOK PAPER MILL District-
                                                        Darbhanga
                 ======================================================
           1.     Chandu Sahani @ Chandu Kumar S/O- Premi Sahni @ Prem Sahni Resident
                  of village- Mannupur Kharra, P.S.- Hayaghat, District- Darbhanga (Bihar).
           2.    Hareram Sahni @ Baudha Sahni S/O-Premi Sahni @ Prem Sahni Resident
                 of village- Mannupur Kharra, P.S.- Hayaghat, District- Darbhanga (Bihar).
           3.    Premi Sahni @Prem Sahni Son of Pulkit Sahni @ Phulkit Sahni Resident of
                 village- Mannupur Kharra, P.S.- Hayaghat, District- Darbhanga (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vikas Kumar Jha
                 For the Opposite Party/s :      Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of one case under the Excise

                   Act and petitioner nos.2 and 3 are persons with clean antecedent

                   and the allegation is of recovery of 30 litres of liquor from a

                   motorcycle.

                                4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.13150 of 2026(2) dt.10-03-2026
                                            2/3




          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and petitioner no.3

          came to be implicated based on the fact that he is owner of the

          seized motorcycle and petitioner no.2 is his son. It is further

          submitted that the name of the accused also transpired in the

          confessional statement of apprehended accused in police

          custody, which does not have any evidentiary value. It is next

          submitted that no prudent person would use his own vehicle for

          committing a crime and thus, would create evidence against

          himself and hence, would get implicated.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs. 5,000/- (Rupees Five Thousand) 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 A.P.M. P. S. Case No.206 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.13150 of 2026(2) dt.10-03-2026
                                                           3/3




                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioner no.1 has antecedent of more than

                         one case and petitioner nos.2 and 3 have antecedent of even one

                         case, then it would be presumed that petitioners for the purposes

                         of obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioner no.1 has antecedent of one

                         case only and petitioner nos.2 and 3 are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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