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Patna High Court

Pardeshi Sahani @ Pana Sahani @ Pardeshi BabuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner's antecedent and compliance with the conditions imposed under Section 482(2) of the BNSS.

Summary

The petitioner sought anticipatory bail after an FIR under Section 30(a) of the Bihar Excise Act alleged his involvement in the recovery of 47.5 litres of liquor. He argued that he has a clean antecedent, the liquor was not found in his possession, and the premises from which it was allegedly recovered do not belong to him. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed verification of his antecedent by the trial court. The order stipulated that if any prior conviction is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of recovered liquor from the petitioner's possession and his clean antecedent justify granting anticipatory bail.
  • Whether the High Court may impose conditions under Section 482(2) of the BNSS while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13265 of 2026
                  Arising Out of PS. Case No.-633 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Pardeshi Sahani @ Pana Sahani @ Pardeshi Babu Son of Chulha @ Chulhai
                 Sahani @ Chulahi Sahani @ Chulha Sahani Resident of Village- Madhubani
                 Ghat Tola Mathiya, P.S.- Muffasil, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :      Ms. Indu Kumari Srivastava, 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.

                                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 is a person with clean antecedent and allegation is of

                   recovery of 47.5 liters of liquor as described in the FIR, alleged

                   to be concealed under straw.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even the

                   house from where the recovery is alleged to have been made
Patna High Court CR. MISC. No.13265 of 2026(2) dt.10-03-2026
                                            2/3




          does not belong to the petitioner and petitioner has no concern

          or relation with Jitendra. It is next submitted that he came to be

          implicated at the instance of local person, but then the name of

          the person who disclosed the name of the petitioner is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution, when petitioner admittedly is a person with clean

          antecedent.

                       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.

          500/- (Rupees Five Hundred) 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 Motihari

          Muffasil P.S. Case No. 633 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 even
            Patna High Court CR. MISC. No.13265 of 2026(2) dt.10-03-2026
                                                        3/3




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

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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