Patna High Court
SHIV SHANKAR SAHNI @ SHIVSHANAKR SAHNIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties and verification of antecedents.
Summary
Shiv Shankar Sahni applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 40 litres of liquor from his motorcycle. He contended that he was not in possession at the time of seizure and was unaware that his friend misused his vehicle. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, and ordered verification of his criminal antecedents. The court stipulated that if more than one prior case is found, the bail would be revoked; otherwise, it would be confirmed. The application was allowed, granting anticipatory bail subject to the stated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC for the alleged offence under Section 30(a) of the Excise Act.
- Whether ownership of the vehicle and lack of conscious possession justify granting anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- bail bond
- criminal antecedent
- vehicle ownership
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2343 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- EXCISE PATORI District- Samastipur
======================================================
Shiv Shankar Sahni @ Shivshanakr Sahni Son Of Shyam Sundar Sahni R/O
Village - Suryapur, Ward No.- 03, P.O.- Sarangpur, P.S.- Tajpur, P.O.- Halai,
District - Samastipur, State - Bihar.
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhigyan Kumar
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 40 litres of liquor from a
motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.2343 of 2026(2) dt.27-01-2026
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vehicle. It is next submitted that no prudent person would use
his own vehicle for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged.
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.5,000/- (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 Patory P. S. Case No.131 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
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 one case, then
Patna High Court CR. MISC. No.2343 of 2026(2) dt.27-01-2026
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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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.15,00/- with
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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