Patna High Court
Akhilesh Sahani @ Akhilesh Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Akhilesh Sahani, feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly possessing 50 litres of liquor recovered from a motorcycle, which he claims he did not own and was implicated through statements of seizure‑list witnesses. The petitioner sought anticipatory bail, arguing lack of conscious possession and improper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks, and stipulated that the bail would be confirmed only if the antecedent does not exceed two prior cases. The order also directed the trial court to verify the antecedent and to cancel the bail if more than two cases are found. The decision rests on the discretion under Section 482(2) of the BNSS and the principles governing anticipatory bail.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting anticipatory bail under Section 482(2) of the BNSS in an excise case?
- Whether the petitioner’s alleged lack of ownership and absence of seizure from his conscious possession justify the grant of anticipatory bail?
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13412 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Akhilesh Sahani @ Akhilesh Kumar Sahani S/o Sudish Sahani @ Sudish
Sahni Resident of village - Banparua, P.S.-kesariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
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 Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 50 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated based on
disclosure made by seizure list witnesses who are the members
Patna High Court CR. MISC. No.13412 of 2026(2) dt.10-03-2026
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of raiding party. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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. 10,000/- (Rupees
Ten 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 Dumariyaghat P.S.
Case No. 289 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 two
cases 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
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
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