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Patna High Court

Sachin Kumar @ Sachin SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
              Patna High Court CR. MISC. No.21187 of 2026(2) dt.01-04-2026
                                                          3/3




                        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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