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Patna High Court

Ramkewal SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail is appropriate and granted provisional bail subject to conditions under Section 438(2) CrPC.

Summary

Ramkewal Sahani applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 14.5 litres of liquor from shops he owned. He argued that no liquor was seized from his possession, that he was implicated by a watchman with whom he had a personal dispute, and that he had only two prior cases under the Excise Act. The State opposed the bail. The Patna High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent by the trial court. The court stipulated that if more than two prior cases are found, the bail would be revoked, otherwise the provisional order would be confirmed. The application was allowed, granting anticipatory bail with conditions.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior criminal antecedent of two Excise Act cases precludes the grant of anticipatory bail.
  • Whether the absence of seizure from the petitioner’s possession justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • Section 30(a)
  • criminal antecedent
  • bail bond
  • provisional bail
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2079 of 2026
                  Arising Out of PS. Case No.-467 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Ramkewal Sahani Son of Sukdev Sahani @ Sukdev Sahni @ Sukhdev Sahani
                 @ Sukdev Sahni Resident of village - Jhakhiya, P.S.- Banjariya, District -
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 14.500 litres of liquor from three

                   different shops and from two co-accused persons.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of one of the shop
Patna High Court CR. MISC. No.2079 of 2026(2) dt.27-01-2026
                                            2/3




          from which 09 litres of liquor is alleged to have been recovered.

          It is further submitted that no prudent person would use his own

          premises for committing a crime and thus, would create

          evidence against himself and hence, would get implicated and at

          the same time, would bring disrepute to his business. It is

          further submitted that that it appears that some customer came

          and without the knowledge of the petitioner kept liquor for

          consumption and the petitioner came to be implicated at the

          instance of chaukidar with whom he is on an inimical term. It is

          further submitted that if Chaukidar was aware of the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Trial
               Patna High Court CR. MISC. No.2079 of 2026(2) dt.27-01-2026
                                                           3/3




                         Court where the case is pending/successor Court in connection

                         with Banjariya P. S. Case No.467 of 2025, subject to the

                         conditions laid down under Section 438(2) of the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.5,000/- with

                         Lawyers’ Association, Patna High Court, Patna.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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