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Patna High Court

SIKINDAR SAHANIversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

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

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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