Patna High Court
Pitambar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of criminal antecedent.
Summary
The petitioners, three brothers from Godigawa village, sought anticipatory bail fearing arrest in a case registered under IPC sections 272, 273 and 34 and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 20 litres of liquor recovered from a bamboo orchard that does not belong to them. They argued they have no prior criminal record, were not arrested at the spot, no liquor was found in their conscious possession, and the informant’s identity was omitted from the FIR, indicating a mechanical investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioners’ antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances alleged.
- Whether the absence of possession and the omission of the informant’s name in the FIR affect the propriety of arrest.
- Whether the petitioners’ clean antecedent warrants confirmation of bail after verification.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- clean antecedent
- IPC 272
- IPC 273
- IPC 34
- Bihar Prohibition and Excise Act
- bail bond
- Cr.P.C. 438
- B.N.S.S. 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14501 of 2026
Arising Out of PS. Case No.-304 Year-2019 Thana- SUGAULI District- East Champaran
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1. Pitambar Sahani son of Hari Sahani Resident of village- Godigawa Po- Mali,
PS -Sugauli District- East Champaran
2. Sanjeet Sahani Son of Suresh Sahani Resident of village- Godigawa Po-
Mali, PS -Sugauli District- East Champaran
3. Chanda Sahani Son of Puja Sahani @ Kuja Sahani Resident of village-
Godigawa Po- Mali, PS -Sugauli District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 offences punishable under Sections 272 and
273/34 of the Indian Penal Code as well as Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 20 litres of liquor from a bamboo orchard.
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
Patna High Court CR. MISC. No.14501 of 2026(2) dt.13-03-2026
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recovery is from an orchard which does not belong to the
petitioners. It is further submitted that petitioners came to be
implicated at the instance of the local person but then the name
of the person who disclosed the name of the petitioners is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution. It is next submitted that the police in a mechanical
manner investigate and implicate without holding a proper
investigation of the case. It is reiterated and submitted that
petitioners are persons with clean antecedent.
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 within a period of six
weeks from today, be released on provisional anticipatory bail
on furnishing bail bonds of Rs.500/- (Rupees Five Hundred)
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 Sugauli P.S. Case No. 304 of 2019,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
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Court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners have 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
petitioners are persons 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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