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Patna High Court

Mohan SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to bond, sureties and verification of his criminal antecedent.

Summary

Petitioner Mohan Sahani feared arrest in a case under IPC sections 272, 273, 34 and Bihar Excise Act section 30(a) concerning the recovery of liquor from his motorcycle and a shop. He argued that the liquor was not in his conscious possession, he had no relation with the shop owner, and he was unaware that a friend misused his vehicle. The State opposed his prayer for anticipatory bail. The Court granted provisional anticipatory bail on condition of a Rs.5,000 bond with two sureties and directed verification of his criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • vehicle ownership
  • liquor offences
  • IPC
  • Bihar Excise Act
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20132 of 2026
                   Arising Out of PS. Case No.-326 Year-2022 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Mohan Sahani S/o- Late Ram Lakhan Sahani Resident of village-
                 Raghunathpur, P.S.- Raghunathpur, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 Sections 272, 273

                   and 34 of the Indian Penal Code read with Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 36 liters of liquor from a motorcycle and 2 liters of

                   liquor from shop of Desai Das.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he has no

                   concern or relation with Desai and he came to be implicated
Patna High Court CR. MISC. No.20132 of 2026(2) dt.31-03-2026
                                            2/3




          based on the fact that he is owner of the seized vehicle. It is next

          submitted that no prudent person would use his own vehicle for

          committing an occurrence and thus would create evidence

          against himself and hence would get implicated, it is also

          submitted that petitioner was completely unaware that his friend

          would misuse the vehicle in the manner as alleged who also fled

          from the spot.

                       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.

          5000/- (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 Sugauli

          P.S. Case No. 326 of 2022 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.20132 of 2026(2) dt.31-03-2026
                                                        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.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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