Patna High Court
Akalu SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail may be granted subject to a bond, sureties and verification of antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Akalu Sahani, feared arrest in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the B.N.S., 2023, after police seized a motorcycle bearing registration BR06‑AW‑1625 containing 40 litres of country‑made liquor. The petitioner contended that the seized motorcycle did not belong to him, while the State highlighted his six prior similar offences, labeling him a habitual offender and opposing bail. The court considered the bail application, the nature of the alleged offences, and the petitioner’s criminal antecedents. It granted bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and be subject to verification of his antecedents under Section 482(2) of the B.N.S.S. The order also stipulated cancellation of bail if the antecedents were concealed.
Issues considered
- Whether bail should be granted to a petitioner with six prior similar offences.
- Whether the seizure of the motorcycle and liquor implicates the petitioner for the offences under the Bihar Prohibition and Excise Act and B.N.S., 2023.
- Whether Section 482(2) of the B.N.S.S. permits conditional bail pending verification of criminal antecedents.
Legislation cited
- B.N.S., 2023 — s. 317(5)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- excise
- prohibition
- habitual offender
- criminal antecedent
- Section 482
- verification
- motorcycle seizure
- country‑made liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18078 of 2026
Arising Out of PS. Case No.-486 Year-2024 Thana- CHIRAIYA District- East Champaran
======================================================
Akalu Sahani S/O Umed Sahani Resident of Village- Lalbegiya ( Kharatari
Tola), P.S- Chiraiya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Chiraiya P.S. Case No.486 of 2024, for having allegedly
committed offences under Sections 30(a) of the Bihar
Prohibition and Excise Act and 317(5) of the B.N.S., 2023.
3. As per the prosecution story, during course of
patrolling duty, the informant along with police party proceeded
for Chiraiya Chowk and on seeing the police party, two persons
fled away after leaving the motorcycle bearing Registration
No.BR06-AW-1625, and on search thereof, 40 litres of country
made liquor was found. The name of the petitioner transpired
during course of the investigation on the statement made by the
local Chowkidar.
Patna High Court CR. MISC. No.18078 of 2026(2) dt.25-03-2026
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4. The learned counsel for the petitioner submits that
the motorcycle in question, from where the alleged country
made liquor has been seized, does not belong to the petitioner
and he has got no concern with the same. The petitioner has got
six criminal antecedents of the same nature.
5. The learned A.P.P. for the State vehemently opposes
the prayer for bail and submits that the petitioner is a habitual
offender having six criminal antecedents of the same nature.
6. Having considered the rival submissions, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing a
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Judge, Excise Court No.1, East Champaran, Motihari in
connection with Chiraiya P.S. Case No.486 of 2024, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
with a further condition that:-
The court below shall verify the criminal antecedent
of the petitioner and in case at any stage it is found that the
petitioner has concealed his criminal antecedent, the court
below shall take steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
Patna High Court CR. MISC. No.18078 of 2026(2) dt.25-03-2026
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above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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