Patna High Court
Shatrughan Sahni @ Shatrudhan Sahni @ Satrudhan SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…