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Patna High Court

Kailash SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Kailash Sahni, sought anticipatory bail after learning that he might be arrested in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly transporting 342 litres of liquor in his pick‑up vehicle. He contended that he was not in possession of the liquor, that the vehicle was misused by another person, and that ownership of the vehicle alone should not create criminal liability. The State opposed the bail, arguing the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. It directed that if the verification shows more than three prior cases, the bail would not be confirmed; if only three cases are found, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 when the accused claims lack of possession and mere ownership of the vehicle
  • Whether the petitioner’s criminal antecedent of three cases affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • ownership of vehicle
  • possession
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Cr.P.C. Section 438
  • B.N.S.S. Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16658 of 2026
                        Arising Out of PS. Case No.-1075 Year-2019 Thana- R S P.S. District- Araria
                 ======================================================
                 Kailash Sahni S/O Sarikan Sahni R/O Vill.- Simariya, Ward No.- 7, P.S.
                 Kalyanpur, District- Samastipur
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Md Naushaduzzoha, Advocate
                 For the Opposite Party/s :         Mr. Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and allegation is of

                   recovery of 342 litres of liquor from a Pick-Up vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence

                   and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.16658 of 2026(3) dt.27-04-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that Abhijeet would misuse the vehicle in

          the manner as alleged who was also apprehended from the spot.

                       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 appearing on behalf of the petitioner, let 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.15,000/-

          (Rupees Fifteen 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 Araria R.S. P.S.

          Case No. 1075 of 2019, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than

          three cases, it would be presumed that petitioner had concealed

          his antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.16658 of 2026(3) dt.27-04-2026
                                                       3/3




                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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