Patna High Court
Indal SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
Indal Sahani sought anticipatory bail fearing arrest in a case under Sections 272, 273 of the Bihar Narcotic Substances and Smuggling Act and Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act, alleging that liquor and Mahua jaggery solution were recovered from a public place and that no material was seized from his possession. He contended that the FIR was based on secret information and that the informant’s name was omitted, raising doubts about the prosecution’s case. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order was made under Section 482(2) of the Bihar Narcotic Substances and Smuggling Act.
Issues considered
- Whether anticipatory bail should be granted in a case where the alleged offence involves possession of liquor and Mahua jaggery solution without material seized from the accused.
- Whether the absence of the informant’s name in the FIR and reliance on secret information affect the propriety of granting bail.
Subjects
- anticipatory bail
- secret informant
- possession offence
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances and Smuggling Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17461 of 2026
Arising Out of PS. Case No.-599 Year-2022 Thana- KESARIA District- East Champaran
======================================================
Indal Sahani S/o Dashrath Sahni R/o Village - Bijdhari Sonrapur, P.S -
Kesariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Patel
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 offence punishable under Sections 272, 273
BNS and Sections 30(a), 32 and 41(1) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 20 litres of liquor from a gallon and 2000 litres of
Mahua jaggery solution was destroyed. 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 implicated
Patna High Court CR. MISC. No.17461 of 2026(2) dt.19-03-2026
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at the instance of local person but then the name of the person
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information.
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.5000/- (Rupees 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.599/2022, 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 more than
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.17461 of 2026(2) dt.19-03-2026
3/3
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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