Patna High Court
Prem SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioners' antecedent.
Summary
Prem Sahani and Sanjay Sahani applied for anticipatory bail after a police case was registered under Sections 30(a) and 30(d) of the Excise Act for allegedly possessing 50 litres of liquor and 200 litres of semi‑prepared jawa mahua, which were later destroyed. The petitioners claimed they had no prior criminal record, were not the owners of the seized motorcycle, and were implicated due to a personal dispute with the reporting watchman. The State opposed the bail, arguing the seriousness of the offences. The Court examined the petitioners' clean antecedent, the lack of immediate arrest, and the procedural requirements under Section 438(2) of the Criminal Procedure Code. It directed that provisional anticipatory bail be granted on the condition of furnishing bail bonds and sureties, subject to verification of their antecedent by the trial court. The order further stipulated that if any criminal antecedent is discovered, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438(2) Cr.P.C. in a case under Sections 30(a) and 30(d) of the Excise Act
- Whether the petitioners' clean antecedent and lack of ownership of the seized vehicle justify the grant of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(d)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438
- clean antecedent
- seizure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25153 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- PHENHARA District- East Champaran
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1. Prem Sahani S/o- Yogendra Sahani Resident of village- Laukitola
Chakarpeta, PS-Phenhara, District-East Champaran, Motihari
2. Sanjay Sahani S/o- Ramdev Sahani Resident of village- Laukitola
Chakarpeta, PS-Phenhara, District-East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) and 30(d) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 50 litres of liquor from a motorcycle
along with 200 litres of semi-prepared jawa mahua, which was
destroyed.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.25153 of 2026(2) dt.21-04-2026
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recovered from their conscious possession and are not the owner
of the seized vehicle and they came to be implicated at the
instance of Chaukidar with whom they are 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, when
admittedly petitioners are persons with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Phenhara P. S. Case No.53 of 2026, 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
Patna High Court CR. MISC. No.25153 of 2026(2) dt.21-04-2026
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accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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