Patna High Court
Amir Shahni @ Amir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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