Patna High Court
Abhishek Kumar Sahni @ Abhishek Kumar @ AbhishekversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions under Section 482 of the CrPC.
Summary
The petitioner, Abhishek Kumar Sahni, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 900 litres of liquor from five vehicles, of which he owned one. He argued that he was not in possession of the liquor, was unaware of his friend’s misuse of the vehicle, and that ownership alone should not make him liable. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one antecedent exists, the bail will be confirmed forthwith. The order was made under the inherent powers of the Court under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act
- Whether mere ownership of a vehicle used in the alleged offence makes the owner liable for arrest
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23007 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Abhishek Kumar Sahni @ Abhishek Kumar @ Abhishek S/O Suresh Sahni
R/O Village - Bhawanipur , P.s- Rajnagar , District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 900 liters of liquor from five
different vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.23007 of 2026(2) dt.17-04-2026
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would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is also submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also fled from the spot.
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.
5000/- (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 Excise
Thana Sadar Case No. 485 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 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
Patna High Court CR. MISC. No.23007 of 2026(2) dt.17-04-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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