Patna High Court
Dheeraj Sahani @ Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Dheeraj Sahani, feared arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging recovery of 40 litres of liquor from a motorcycle. He contended that he was not arrested on the spot, no liquor was found in his possession, he was not the owner of the motorcycle, and his name was absent from the FIR, suggesting reliance on secret information. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and subject to verification of his criminal antecedent under Section 482(2) of the CrPC. The order further stipulated that if the petitioner is found to have more than five prior cases, the bail would not be confirmed; otherwise, it would be confirmed upon verification.
Issues considered
- Whether anticipatory bail can be granted in the present case under Section 482(2) of the CrPC despite the alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of five cases affects the grant or confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal antecedent
- excise law
- seizure
- secret information
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16154 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- KESARIA District- East Champaran
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Dheeraj Sahani @ Dheeraj Kumar Son of Binod Sahani Resident of village -
Lohargawa Keshariya, P.S.- Keshariya, District - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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 Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which two cases
are under the Excise Act and allegation is of recovery of 40
litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated at the
instance of local people, but then the name of the person, who
Patna High Court CR. MISC. No.16154 of 2026(2) dt.17-03-2026
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disclosed the name of the petitioner is not disclosed in the FIR,
which casts an aspersion on the case of the prosecution, when
petitioner was not implicated based on secret information. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
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
Kesariya P.S. Case No. 142 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
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in the event if it is found that petitioner has antecedent of more
than five cases 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 has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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