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Patna High Court

Jay Prakash Sahani @ Andul SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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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