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Patna High Court

Dheeraj Sahani @ Dheeraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
              Patna High Court CR. MISC. No.16154 of 2026(2) dt.17-03-2026
                                                          3/3




                        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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