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Patna High Court

Chunchun Sahani @ Chuchun KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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