Patna High Court

Vidyanand SahaniversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail, subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Vidyanand Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 28.5 litres of liquor from a bush. He argued that the liquor was not found in his possession, the location did not belong to him, and the case was based on secret information without proper investigation. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed forthwith.

Issues considered

What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Excise Act?
Whether the petitioner’s alleged lack of possession and the nature of the evidence justify bail?
Whether the conditions imposed under Section 482(2) of the BNSS are proper for provisional anticipatory bail?

Subjects

anticipatory bail
excise law
Section 30
Section 482
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27106 of 2026
                  Arising Out of PS. Case No.-80 Year-2026 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Vidyanand Sahani S/O Shambhu Sahani R/O Village- Lahi, P.S.-Madhuban,
                 District- East Champaran (Motihari), Bihar.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Samir Kumar
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 28.5 liters of liquor from a bush.

                                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 is accessible to villagers at large and came to be implicated

                   based on secret information which is the easiest way to
Patna High Court CR. MISC. No.27106 of 2026(2) dt.23-04-2026
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          implicate someone. It is also 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.

          5000/- (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

          Madhuban P.S. Case No. 80 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 more than 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.27106 of 2026(2) dt.23-04-2026
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                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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