Patna High Court
Chandan Sahani @ Chand @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Chandan Sahani, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging recovery of large quantities of liquor from land adjacent to his poultry farm. He contended that he had a clean antecedent, that the liquor was not found in his possession, and that the complaint was motivated by an inimical relationship with the chowkidar who made the accusation. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of the petitioner’s antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, but if the petitioner is found clean, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify anticipatory bail.
- Whether the High Court may impose conditions under Section 482(2) of the B.N.S.S. while granting provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482
- high court inherent powers
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22240 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- SAKRA District- Muzaffarpur
======================================================
Chandan Sahani @ Chand @ Chandan Kumar Son of Shyambabu Sahani @
Shyambabu Sahni Resident of village - Sambha @ Sambaha, P.S.- Sakra,
District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore
For the Opposite Party/s : Mr. Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 900.87 litres of liquor from a mustard field behind
the poultry farm of the petitioner and 85.425 litres of liquor
from a place near a government washroom. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.22240 of 2026(2) dt.08-04-2026
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but then is adjacent to his poultry farm and he came to be
implicated at the instance of chowkidar with whom he is on an
inimical term. It is also submitted that if chowkidar was aware
of 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 chowkidar in order to save the real culprit
falsely implicated the petitioner when petitioner admittedly is a
person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Sakra P.S. Case No.90/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.22240 of 2026(2) dt.08-04-2026
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event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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