Patna High Court
Chandu Sahani @ Chandu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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