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Patna High Court

Anil Sahani @ Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with bail conditions.

Summary

The petitioner, Anil Sahani, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 50 litres of liquor were recovered from a bamboo orchard not belonging to him and that no liquor was found in his possession. He argued that the FIR did not name him and that the allegation was based on a disclosure by a local person, rendering the prosecution’s case weak. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the absence of the petitioner’s name in the FIR and lack of seizure from his possession justify anticipatory bail
  • Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal antecedent
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13596 of 2026
                   Arising Out of PS. Case No.-641 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Anil Sahani @ Anil Kumar son of Ramnath Sahani Resident of Village-
                 Bishunpur Kalayan, Tole Nawalpur, PS -Sahebganj, District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hari Kishore Thakur
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  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 offence punishable under Sections 30(a) and

                   30(d) of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 50 litres of liquor from a bamboo orchard. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner and is accessible to villagers at large and he came to

                   be implicated based on disclosure made by the local person but

                   then the name of the person who disclosed the name of the
Patna High Court CR. MISC. No.13596 of 2026(2) dt.12-03-2026
                                            2/3




          petitioner is not disclosed in the FIR, which casts an aspersion

          on the case of the prosecution, more so, when petitioner has not

          been implicated based on secret information.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five 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 Sahebganj P.S. Case No.641/2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one
             Patna High Court CR. MISC. No.13596 of 2026(2) dt.12-03-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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