Patna High Court
Pardeshi Sahani @ Pana Sahani @ Pardeshi BabuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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