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Patna High Court

Indal SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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/-

U        T


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