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Patna High Court

Deeraj SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

Deeraj Sahani applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bihar Narcotic Substances Act. He has five prior criminal cases, two of which relate to the Excise Act, and the alleged offence involves the recovery of 35 litres of liquor from a sack that was not in his possession and was located on property not belonging to him. He claims the complaint was instigated by a hostile watchman, questioning why the watchman did not inform police earlier. The State opposed the bail. The court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 25,000 with two sureties and that the trial court verify his antecedent; if more than five prior cases are found, the bail will not be confirmed, otherwise it will be confirmed.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner given the alleged offence under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act?
  • Whether the petitioner’s prior criminal antecedent of five cases, including two under the Excise Act, precludes the grant of anticipatory bail?
  • Whether the circumstances of the alleged recovery (no possession, location not belonging to petitioner) affect the bail decision?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • criminal antecedent
  • Section 482
  • bond and sureties
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22265 of 2026
                   Arising Out of PS. Case No.-136 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Deeraj Sahani S/o Binod Sahani R/o Village - Lohargawa Kesariya, P.S -
                 Kesariya, District - East Champaran, Motihari

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

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

3   08-04-2026                     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 the

                   Bihar Prohibition and Excise Act and Sections 274 and 275 of

                   BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 35

                   liters of liquor from a sack.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended 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.22265 of 2026(3) dt.08-04-2026
                                            2/3




          and he has no concern or relation with the sack and he came to

          be implicated at the instance of chowkidar with whom he is on

          an inimical term, it is next 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.

                       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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 25,000/- (Rupees Twenty 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 Kesariya P.S. Case

          No. 136 of 2025 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
           Patna High Court CR. MISC. No.22265 of 2026(3) dt.08-04-2026
                                                       3/3




                     than five cases 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 five

                     cases only, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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