Patna High Court
Santosh Sahni @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
Santosh Sahni applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging recovery of liquor from a location behind Md. Sallaudin's house and from a sack in his cowshed. He asserted he had no conscious possession, a clean criminal record, and that the liquor was concealed by someone hostile to his family. 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 subject to verification of his antecedent under Section 482(2) of the BNSS. The order directs that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor establishes sufficient grounds for arrest.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- liquor possession
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15654 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- PUPRI District- Sitamarhi
======================================================
Santosh Sahni @ Santosh Kumar S/o Late Narayan Sahni R/o Village -
Dumharpatti Ward no.2, P.S.- Pupri, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15.3 liters of liquor from a place behind the house
of Md. Sallaudin and 9 liters of liquor from a sack alleged to be
concealed in the cowshed of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and has no
concern or relation with Sallaudin and cowshed is a place
Patna High Court CR. MISC. No.15654 of 2026(2) dt.16-03-2026
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outside the house and thus is accessible to villagers at large and
no prudent person would use his own premises for committing
an occurrence and thus would create evidence against himself
and hence would get implicated. It is also submitted that it
appears that someone inimical to the family concealed meager
amount of liquor with a view to implicate the entire family
members. It is reiterated and submitted that petitioner is a
person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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.
500/- (Rupees Five Hundred) 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 Pupri P.S.
Case No. 279 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.15654 of 2026(2) dt.16-03-2026
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in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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