Patna High Court
Jagdish SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted in excise cases where the accused is not in possession of the contraband, subject to verification of criminal antecedent under Section 482(2) of the BNSS.
Summary
The petitioner, Jagdish Sahni, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 8.640 litres of liquor from a rented room belonging to Sunil Kumar. He argued that he was not arrested at the scene, had no conscious possession of the liquor, and was not a tenant of the premises, contending that the police mechanically implicated him. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; if he has exactly three, the provisional bail would be confirmed. The decision was made under Section 482(2) of the BNSS, emphasizing the need for verification of antecedents before confirming bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s lack of possession and tenancy status justify granting anticipatory bail.
- Whether the court may condition anticipatory bail on verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS.
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- bail conditions
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1858 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- Excise P.S. District- Sheohar
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Jagdish Sahni S/O Mahendra Sahni R/O village - Dekuli Dharampur, P. S -
Piprahi, District - Sheohar, Presently Residing at Nagar Parishad Sheohar,
Ward No - 16 ,P. S and District - Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Kumar, Adv
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 8.640 litres of liquor from a rented
room of the house of Sunil Kumar.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a rented room which does not belong to the
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petitioner and he is not a tenant of Sunil and he came to be
implicated at the instance of Sunil. It is further submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically without holding a proper
investigation.
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 for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court 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 Madhya Nished
Sheohar P.S. Case No. 165 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
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 seeking anticipatory bail, had concealed his antecedent
before this Court, as such, the provisional anticipatory bail order
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shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
sanjay/-
U T
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