Patna High Court
Chunchun Sahani @ Chuchun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedent.
Summary
The petitioner, Chunchun Sahani, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 112.14 litres of liquor from a location not owned by him. He argued that he had no possession of the liquor, no prior criminal record, and that the complainant’s informant (the chowkidar) failed to report his involvement earlier, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the excise offence. The High Court, considering the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs. 500 bond, two sureties, and a six‑week window for surrender, with the condition that the trial court verify his antecedent before confirming the bail. If any prior case is discovered, the provisional bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act
- Whether the absence of possession and a clean criminal antecedent justify the grant of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- high court
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25428 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Chunchun Sahani @ Chuchun Kumar S/O Musafir Sahani R/O Vill.-
Chakmaruf, Ward no. 9, Taal Chaitra, P.S.- Belsar, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shabina Talat
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-05-2026 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 is a person with clean antecedent and allegation is of
recovery of 112.14 liters of liquor from a place near the house of
Rajendra Chaudhary.
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 even alleged
recovery is from a place which does not belong to the petitioner
and he has no concern or relation with Rajendra and he came to
Patna High Court CR. MISC. No.25428 of 2026(3) dt.15-05-2026
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be implicated at the instance of local person, but then it is
submitted that if Chowkidar was aware of the involvement of
the petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
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.
500/- (Rupees Five Hundred) 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 Hajipur
Excise P.S. Case No. 38 of 2026 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 even 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.25428 of 2026(3) dt.15-05-2026
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confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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