Patna High Court
Gajendra Sahani @ Gajendra KumarversusThe 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 number of prior cases.
Summary
The petitioner, Gajendra Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging recovery of 145 litres of liquor from a public riverbank location where nothing was found in his possession. He argued that the FIR did not name him, the alleged liquor was not on his property, and he has four prior excise cases, suggesting a pattern of mechanical police implicating. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedents. If more than four prior cases are found, the bail will not be confirmed; if exactly four, it will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- What is the appropriateness of granting anticipatory bail in an excise offence where the accused is not found in possession of the alleged contraband?
- Does the omission of the accused's name in the FIR affect the validity of the prosecution's case?
- Should the trial court verify the accused's criminal antecedents before confirming anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 30
- Criminal Procedure Code
- Section 482
- FIR omission
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14930 of 2026
Arising Out of PS. Case No.-641 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Gajendra Sahani @ Gajendra Kumar S/O Acchelal Sahani @ Achchhelal
Sahni R/O Vill.- Mehwa, P.s.- Sugauli, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Ms. Meena 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 Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 145 litres of liquor from a place near
bank of a river. 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 is accessible to
public at large and he came to be implicated at the instance of
local person but then the name of person who disclosed the
Patna High Court CR. MISC. No.14930 of 2026(2) dt.16-03-2026
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name of the petitioner is not disclosed in the 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. It is also submitted that
petitioner in similar manner earlier also came to be implicated in
cases relating to excise.
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.20,000/- (Rupees twenty 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.641/2025, 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.14930 of 2026(2) dt.16-03-2026
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event if it is found that petitioner has antecedent of more than
four 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 four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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