Patna High Court
SIKINDAR SAHANIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail, granting provisional bail subject to bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act, alleging recovery of liquor from locations not owned by him. He argued that he was not arrested at the spot, no liquor was found in his possession, and the FIR was based on undisclosed informant information, casting doubt on the prosecution's case. The State opposed the bail, citing the petitioner’s antecedent of five prior cases, four of which were also under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to verification of his criminal antecedents. The order further stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where the accused was not found in possession of the alleged contraband.
- Whether the lack of disclosure of the informant in the FIR and the alleged involvement of a local watchman affect the grant of anticipatory bail.
- What conditions under Section 438(2) CrPC are appropriate for granting provisional anticipatory bail in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail conditions
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14112 of 2026
Arising Out of PS. Case No.-323 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Sikindar Sahani S/O- Ram Sevak Sahani R/V- Bheriyari Ps- Sugauli Dist-
East Champaran
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases out of which four
cases are under the Excise Act and allegation is of recovery of
150 litres of liquor from a place near a canal and 30 litres of
liquor from a bamboo orchard behind the house of Dilip Kumar
Sahani
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.14112 of 2026(2) dt.15-04-2026
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recovery is from a place, which does not belong to the petitioner
and he has no concern or relation with Dilip and he came to be
implicated at the instance of local person/Chaukidar, but the
name of the person, who disclosed the name of the petitioner is
not disclosed in the F.I.R., which casts an aspersion on the case
of the prosecution and petitioner has not been implicated based
on secret information. It is also submitted that petitioner is on an
inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
Patna High Court CR. MISC. No.14112 of 2026(2) dt.15-04-2026
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sum 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.323 of 2025, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and 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
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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