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Patna High Court

Santosh SahniversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted subject to bail bonds and verification of the petitioner’s criminal antecedent, provided the prosecution has not established possession of the seized liquor or a prima facie case.

Summary

The petitioner, Santosh Sahni, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with an excise case (Excise Act Sections 30(a), 30(c) and 36) involving alleged recovery of liquor from a public place. He argued that he was not arrested at the spot, no liquor was found in his possession, and the FIR relied on unnamed secret information, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the offences and the petitioner’s prior three excise cases. The Court, after hearing both sides, directed that provisional anticipatory bail be granted on the condition of furnishing bail bonds of Rs.15,000 with two sureties and subject to verification of his criminal antecedent. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed, and the trial court was instructed to verify the antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted in an excise case where the petitioner is alleged to have prior offences and no direct possession of the seized liquor.
  • Whether the reliance on unnamed secret information in the FIR defeats the requirement of a prima facie case for bail.
  • What conditions may be imposed under Section 438(2) CrPC when granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • bail bond
  • criminal antecedent
  • FIR
  • seizure
  • public place

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18556 of 2026
                   Arising Out of PS. Case No.-293 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                   District- Muzaffarpur
                 ======================================================
                 Santosh Sahni, S/O Achal Sahni Resident of Village - Dakrama, P.S-
                 Hathouri, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Raju Kumar
                                               Mr. Shubham Samrat
                                               Mr. Abhash
                                               Mr. Kumar Gaurav
                 For the Opposite Party/s :    Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a), 30(c) and 36 of the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases under the Excise Act

                   and allegation is of recovery of 73.44 litres of liquor along with

                   105 litres of liquor from village Dakrama.

                                 4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.18556 of 2026(2) dt.16-04-2026
                                            2/3




          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

          at the instance of local person, but the name of the person, who

          disclosed the name of the petitioner is not disclosed in the F.I.R.,

          which casts an aspersion on the case of the prosecution, when

          petitioner has not been implicated based on secret information.

          It is next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation. It is also

          submitted that petitioner in similar manner earlier also came to

          be implicated in cases relating to excise.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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
               Patna High Court CR. MISC. No.18556 of 2026(2) dt.16-04-2026
                                                           3/3




                         with Excise Case No.293 of 2021 arising out of P.R. No.31 of

                         2021, subject to the conditions laid down under Section 438(2)

                         of the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than three cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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