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Patna High Court

Jagdish SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.1858 of 2026(2) dt.22-01-2026
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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
               Patna High Court CR. MISC. No.1858 of 2026(2) dt.22-01-2026
                                                           3/3




                         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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