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Patna High Court

Amir Shahni @ Amir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to a bond, sureties, and verification of criminal antecedents, with confirmation contingent on the antecedents not exceeding the disclosed limits.

Summary

The petitioners, Amir Shahni and Shyambabu Shahni, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 317.100 litres of liquor from a vehicle. They argued that they were not arrested on the spot, had no conscious possession of the liquor, and were implicated solely on secret information, contending that the police investigation was mechanically driven. The State opposed the bail, citing their extensive criminal antecedents, especially under the Excise Act. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 45,000 with two sureties, subject to verification of their criminal records under Section 482(2) of the BNSS. The order further stipulated that if the petitioners' antecedents exceed the disclosed limits, the bail would not be confirmed for the offending petitioner.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the petitioners' criminal antecedents.
  • Whether the alleged concealment of criminal antecedents by the petitioners affects the grant of anticipatory bail.
  • Whether the reliance on secret information without a thorough investigation justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • secret information
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19711 of 2026
                    Arising Out of PS. Case No.-933 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
           1.     Amir Shahni @ Amir Kumar S/o- Mohan Shahni @ Mohan Sahani Resident
                  of village- Raghunathpur, ward no 27 P.S.- Raghunathpur, District- East
                  Champaran
           2.    Shyambabu Shahni @ Shyambabu Chaudhary S/o- Mohan Shahni @ Mohan
                 Sahani Resident of village- Raghunathpur, ward no 27 P.S.- Raghunathpur,
                 District- East Champaran

                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Resident of village- Raghunathpur, ward no 27 P.S.-
                 Raghunathpur, District- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Singh
                 For the Opposite Party/s :      Mr.Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of nine cases out of which eight

                   cases are under the Excise Act and petitioner no. 2 has

                   antecedent of six cases out of which five cases are under the

                   Excise Act and allegation is of recovery of 317.100 litres of

                   liquor from from a Bolero vehicle.
Patna High Court CR. MISC. No.19711 of 2026(2) dt.26-03-2026
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                   4.     Learned counsel for the petitioners submits that the

          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and are not owners of

          the seized vehicle and they 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. It is also submitted that

          petitioners earlier also in similar manner came to be implicated

          in cases relating to Excise.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

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

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 45,000/- (Rupees Forty-five

          Thousand) each 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 Town P.S. Case No.
              Patna High Court CR. MISC. No.19711 of 2026(2) dt.26-03-2026
                                                          3/3




                        933 of 2025 subject to the conditions as laid down under

                        Section Section 482(2) of the BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than nine cases and petitioner no. 2 has antecedent of more than

                        six cases then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioner no. 1 has antecedent

                        of nine cases and petitioner no. 2 has antecedent of six cases in

                        that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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