Patna High Court
Jay Prakash Sahani @ Andul SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on the outcome of that verification.
Summary
The petitioners, Jay Prakash Sahani and Bablu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from a bush not belonging to them and that they were not caught in possession. They argued that the investigation was mechanically initiated without proper inquiry and that they had no prior criminal record (except three prior excise cases for petitioner 1). The State opposed the bail. The High Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties each, and directed verification of their criminal antecedents within six weeks. The order stipulated that if petitioner 1 is found to have more than three prior cases or petitioner 2 any prior case, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners' alleged lack of possession and the nature of the recovery justify granting bail.
- What conditions may be imposed on anticipatory bail concerning the petitioners' criminal antecedents.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Criminal Procedure Code
- Section 438
- provisional bail
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1424 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- Raghunathpur District- East Champaran
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1. Jay Prakash Sahani @ Andul Sahani S/o Late Umesh Sahani R/o vill -
Majhariya, P.S.- Raghunath Pur, Distt.- East Champaran
2. Bablu Kumar S/o Binda Sahani R/o vill - Majhariya, P.S.- Raghunath Pur,
Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Ms. Meena Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases under the Excise
Act and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 119 litres of liquor from a bush.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.1424 of 2026(2) dt.21-01-2026
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petitioners and is accessible to villagers at large. It is further
submitted that petitioners came to be implicated at the instance
of the local people and spy but then it is submitted that once an
accused is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.15,000/- (Rupees Fifteen Thousand) each 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 Raghunath Pur P.S. Case No. 232 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
Patna High Court CR. MISC. No.1424 of 2026(2) dt.21-01-2026
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if it is found that petitioner no. 1 has antecedent of more than
three cases and petitioner no. 2 has antecedent of even one case,
it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner no. 1 has antecedent of only three cases and petitioner
no. 2 is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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