Patna High Court
Deeraj SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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
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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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