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Patna High Court

Shatrughan Sahni @ Shatrudhan Sahni @ Satrudhan SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, deposit, and verification of criminal antecedents.

Summary

Shatrughan Sahni sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act, alleging the recovery of 12,600 litres of liquor from a pit adjacent to his house. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred on land that does not belong to him, suggesting a reliance on secret information rather than proper investigation. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 5,000 with two sureties and deposit Rs. 2,500 with the Advocates’ Association, subject to verification of his criminal antecedents under Section 482(2) of the CrPC. The order stipulated that if more than one prior case is found, the bail would be cancelled; if only one prior case is found, the provisional bail would be confirmed. The decision reflects the Court’s balancing of the petitioner’s right to liberty against the seriousness of the excise offence.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act where no seizure was made from his possession.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Bihar Excise Act
  • Criminal Procedure Code
  • Section 482(2)
  • bail conditions
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1885 of 2026
                   Arising Out of PS. Case No.-437 Year-2016 Thana- GOVERNMENT OFFICIAL COMP.
                                                    District- Sitamarhi
                 ======================================================
                 Shatrughan Sahni @ Shatrudhan Sahni @ Satrudhan Sahni son of Late Puna
                 Sahni Resident of village - Pakari @ Pakri, P.S. - Riga, Dist.- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Santosh Kumar
                 For the Opposite Party/s :    Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026               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 one case under the Excise Act and

                   allegation is of recovery of 12.600 litres of liquor from a pit

                   located east of the house of the petitioner.

                             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 place which does not belong to the petitioner
Patna High Court CR. MISC. No.1885 of 2026(2) dt.27-01-2026
                                            2/3




          but then is adjacent to his house and he came to be implicated

          based on secret information which is the easiest way to

          implicate someone. It is further submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          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. 5,000/- (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 C2 Case No. 437 of

          2016, 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 one

          case then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.1885 of 2026(2) dt.27-01-2026
                                                          3/3




                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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