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Patna High Court

Vikrama SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Vikrama Sahani, applied for anticipatory bail anticipating arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act for alleged recovery of 196 litres of liquor. He argued that the alleged recovery was from a place not belonging to him, that the complaint was filed by a hostile chaukidar, and that no contraband was found in his possession. The State opposed the bail, contending the seriousness of the offences. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and verification of his criminal antecedents. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act.
  • Whether the alleged involvement of a hostile chaukidar and the absence of contraband in the petitioner’s possession affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • Excise Act
  • Narcotic Substances Act
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22769 of 2026
                   Arising Out of PS. Case No.-16 Year-2026 Thana- KESARIA District- East Champaran
                 ======================================================
                 Vikrama Sahani S/o- Late Raghunath Sahani R/v- Banparua Ps- Kesariya
                 Dist- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Ms.Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 274 and 275 of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases out of which two

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

                   196 litres of liquor from a sack.

                                4. The learned counsel for the petitioner submits 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.22769 of 2026(3) dt.27-04-2026
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          and he came to be implicated at the instance of Chaukidar with

          whom he is on an inimical term. It is further submitted that if

          Chaukidar was aware of the involvement of the petitioners in

          the occurrence, then why he did not inform the police prior to

          institution of the present F.I.R., which casts an aspersion on the

          case of the prosecution. It is next submitted that police in

          majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.15,000/- (Rupees Fifteen 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.16 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.22769 of 2026(3) dt.27-04-2026
                                                           3/3




                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than three cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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