Patna High Court
Sachin Kumar @ Sachin SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sachin Kumar, applied for anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 73.2 litres of liquor from a straw house linked to him. He argued that the liquor was not seized from his immediate possession, the straw house was separate from his residence, and that the complaint was motivated by an inimical relationship with a chowkidar. The State opposed the bail, contending that the allegations warranted detention. The court considered the submissions and, under Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a Rs.5,000 bond and two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed immediately. The trial court was directed to verify the antecedent and act accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) CrPC in a case under Section 30(a) Bihar Excise Act.
- Whether the absence of liquor from the petitioner’s immediate possession and the location of the alleged contraband affect the grant of bail.
- Whether the petitioner’s criminal antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Excise Act
- CrPC Section 482
- criminal antecedent
- police investigation
- straw house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21187 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- PATAHI District- East Champaran
======================================================
Sachin Kumar @ Sachin Sahani Son of Sanjay Sahani Resident of Village-
Parsouni Kapoor, Ps- Patahi, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore@ Kundan Kumar
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 73.2 litres of liquor from straw
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 the straw house is
a place outside the house. It is next submitted that no prudent
person would use his own premises for committing an
Patna High Court CR. MISC. No.21187 of 2026(2) dt.01-04-2026
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occurrence and thus would create evidence against himself and
hence would get implicated and he came to be implicated at the
instance of Chowkidar with whom he is on an inimical term. It
is further submitted that if Chowkidar was aware about the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
also 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 Patahi P.S. Case No.
57 of 2026, subject to the conditions as laid down under Section
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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
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)
Sumit/-
U T
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