Patna High Court
SIKINDAR SAHANIversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Sikindar S ahani, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 250 litres of liquor from a location adjacent to his house and 15 litres from a motorcycle. He has five prior criminal cases, four of which are also under the Excise Act, and claims he was not caught in possession of the liquor nor is he the owner of the seized vehicle. The petitioner sought anticipatory bail, arguing lack of direct involvement and alleging that the police mechanically implicated him based on a watchman's complaint. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties, subject to verification of his antecedents by the trial court, and stipulated that if more than five prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13964 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
SIKINDAR SAHANI S/O RAM SEVAK SAHANI R/O VILL.-
BHERIYARI, P.S.- SUGAULI, DISTRICT- EAST CHAMPARAN
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 250
liters of liquor from a place behind the house of the petitioner
and 15 liters of liquor from a motorcycle.
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 is not the
owner of the seized vehicle and alleged recovery of 250 liters of
Patna High Court CR. MISC. No.13964 of 2026(2) dt.12-03-2026
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liquor is from a place which does not belong to the petitioner,
but then is adjacent to his house and he came to be implicated at
the instance of Chowkidar with whom he is on an inimical term.
It is also 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.
25,000/- (Rupees Twenty 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 Sugauli P.S. Case No. 459 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
Patna High Court CR. MISC. No.13964 of 2026(2) dt.12-03-2026
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in the event if it is found that petitioner has antecedent of more
than five 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 confirmed, but after
verification if it is found that petitioner has antecedent of five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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