Patna High Court
Baban SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Baban Sahani, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. He alleged that the alleged seizure of 80 litres of liquor and 2000 litres of Mahua was made at a kiln not belonging to him and that he was not in possession of the contraband at the time of the incident. The petitioner argued that the complaint was filed on the basis of a hostile chowkidar’s information and that the police had not conducted a proper investigation. The State opposed the grant of anticipatory bail. The Court, applying Section 482(2) of the Bihar Narcotic Substances Act, granted provisional anticipatory bail subject to a bail bond of Rs. 40,000, two sureties of equal amount, and a six‑week window for surrender, with the condition that the trial court verify the petitioner’s criminal antecedent; if more than eight prior cases are found, the bail would not be confirmed. The order is provisional pending verification of the antecedent.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of eight cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- Bihar Narcotic Substances Act
- Bihar Excise Act
- criminal antecedent
- section 274
- section 275
- section 30(a)
- section 482(2)
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26213 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- KESARIA District- East Champaran
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Baban Sahani S/o Shambhu Sahani Resident of Village-Lohargaonwa, Police
Station-Kesariya, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Shakil Ahmad Khan
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 offences punishable under Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of eight cases under the Excise Act and
allegation is of recovery of 80 litres of liquor from a Kiln along
with 2000 litres of Mahua pass, which was destroyed at the spot.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of Chowkidar with
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whom he is on an inimical term. It is next submitted that if
Chowkidar was aware about 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. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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. 40,000/- (Rupees
Forty 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 Kesariya P.S. Case No.
465 of 2025 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
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event if it is found that petitioner has antecedent of more than
eight cases 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 confirmed, but after verification if it is found that
petitioner has antecedent of eight case in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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