Patna High Court
Devendra SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedent cases.
Summary
The petitioner, Devendra Sahni, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 10 litres of liquor were recovered from his motorcycle. He argued that he was not arrested on the spot, no liquor was found in his possession, and he was unaware that another individual, Amit Kumar Singh, would misuse his vehicle. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise, it would be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438(2) Cr.P.C. in the present case?
- Does ownership of the vehicle used in the alleged offence constitute sufficient grounds to deny anticipatory bail?
- Should the court condition the anticipatory bail on verification of the petitioner’s criminal antecedents?
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30
- Cr.P.C. 438
- B.N.S.S. 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25109 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- EXCISE ARERAJ District- East
Champaran
======================================================
Devendra Sahni S/o Dasarath Sahni Resident of Village - Chand Parsa, P.S. -
Kesariya, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 10 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.25109 of 2026(2) dt.21-04-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Amit Kumar Singh would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot along with Lalan Bhagat.
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 appearing on behalf of the petitioner, let 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.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 Areraj Excise P.S.
Case No. 05 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.25109 of 2026(2) dt.21-04-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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