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Patna High Court

Nandu Sahani @ Nandue Sahani @ Nandlal SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Nandu Sahani, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 265 litres of liquor and a motorcycle. He argued that he was not in possession of the seized items, was not the owner of the vehicle, and was implicated solely on the basis of a chowkidar's information without proper investigation. The State opposed the bail, contending the seriousness of the excise offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs.10,000 with two sureties, and submit to verification of his criminal antecedent. The court stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
  • Whether the lack of possession of the seized liquor and vehicle justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • seizure without possession
  • criminal antecedent
  • Section 482(2) CPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2714 of 2026
                   Arising Out of PS. Case No.-459 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Nandu Sahani @ Nandue Sahani @ Nandlal Sahni S/o Late Kashi Sahani
                 Resident of village- Bherihari, P.S-Sugauli, District-East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh
                 For the Opposite Party/s :       Mr.Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   26-02-2026               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 the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 265 litres of liquor from gallons and

                   a motorcycle.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of Chowkidar but then it is submitted that if the Chowkidar was
Patna High Court CR. MISC. No.2714 of 2026(3) dt.26-02-2026
                                            2/3




          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. 10,000/- (Rupees

          Ten 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 Sugauli P.S. Case No.

          459 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

          event if it is found that petitioner has antecedent of more than two
              Patna High Court CR. MISC. No.2714 of 2026(3) dt.26-02-2026
                                                          3/3




                        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 two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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