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Patna High Court

Anil Sahni @ Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of antecedents and compliance with bail conditions.

Summary

The petitioner, Anil Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 521.25 litres of liquor were allegedly recovered from the house of Deepak Kumar, not from the petitioner. He contended that the complaint was based on a hostile chowkidar’s statement and that no liquor was found in his possession, questioning the propriety of the investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.25,000 and two sureties, directing the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; if exactly five, it would be confirmed forthwith. The decision rests on the discretion under Section 482(2) of the B.N.S.S. and the need to ensure a fair investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the FIR is tainted by false implication and lack of proper investigation.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • false implication
  • police investigation
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14888 of 2026
                       Arising Out of PS. Case No.-55 Year-2026 Thana- GORAUL District- Vaishali
                 ======================================================
                 Anil Sahni @ Anil Kumar Son of Nandlal Sahni Resident of Village-
                 Rusulpur Daud PS -Goraul (kathara), Dist -Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 521.25 litres of liquor from house of

                   Deepak Kumar. It is next submitted that petitioner was not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and even alleged recovery is from a place

                   which does not belong to the petitioner and has no concern or

                   relation with Deepak and he came to be implicated at the

                   instance of chowkidar with whom he is on an inimical term. It is
Patna High Court CR. MISC. No.14888 of 2026(2) dt.16-03-2026
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          also submitted that if chowkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution. It is also submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds 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 Goraul (Kathara)

          P.S. Case No.55/2026, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.14888 of 2026(2) dt.16-03-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of more than

                       five cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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