Patna High Court

Shivnath sahaniversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

Shivnath Sahani applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, alleging recovery of 35 litres of liquor and 3000 kg of semi‑prepared liquor from a public riverbank. He asserted a clean criminal record and argued that the seized liquor was not in his possession nor on his private property, contending that the police relied on secret information to implicate him. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is discovered, the bail will not be confirmed; if his clean record is confirmed, the bail will be made permanent.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
Whether the petitioner’s alleged involvement and lack of possession justify denial of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Amendment Act
Section 30(a)
Section 482(2)
clean antecedent
bail conditions
excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16475 of 2026
                   Arising Out of PS. Case No.-433 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- East Champaran
                 ======================================================
                 Shivnath sahani Son of Late Santosh Sahani Resident of village- Chailaha, ps-
                 Banjariya, Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Aditya Kumar Pandey
                 For the Opposite Party/s :    Mr. Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 35 litres of liquor along with 3000 kilograms of

                   semi prepared 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
Patna High Court CR. MISC. No.16475 of 2026(3) dt.06-04-2026
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          implicated based on secret information which is the easiest way

          to implicate someone without holding a proper investigation,

          when petitioner admittedly is a person with clean antecedent. It

          is also submitted that at times, the police in order to save the

          real culprit tried to implicate innocent people.

                       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.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 Excise P.S. Case No.433/2019, 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

          event if it is found that petitioner has antecedent of even one

          case, 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
             Patna High Court CR. MISC. No.16475 of 2026(3) dt.06-04-2026
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                       on verification 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)
amit/-

U        T

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