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Patna High Court

SIKINDAR SAHANIversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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