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Patna High Court

Mahavir SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed under Section 482(2) of the Bihar Narcotic Substances Act.

Summary

Mahavir Sahni, a resident of Damla Ghat, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 18 litres of liquor recovered from bags concealed near his house. He argued that the liquor was not in his conscious possession, the location did not belong to him, and he has a clean criminal record. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act given the alleged recovery of liquor and his clean antecedent.
  • Whether the alleged recovery of liquor from a location not belonging to the petitioner justifies arrest.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 274 BNS
  • Section 275 BNS
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 482(2) BNS
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27167 of 2026
                       Arising Out of PS. Case No.-13 Year-2026 Thana- Patauna District- Madhubani
                 ======================================================
                 Mahavir Sahni Son of Late Panchu Sahni Resident of Village - Damla Ghat,
                 P.S.- Patauna, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailendra Kumar Jha
                 For the Opposite Party/s :        Ms. Rina Sinha
                 ======================================================
                 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 Sections 274, 275

                   of BNS and Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 18 litres of liquor from two plastic bags concealed

                   under leaves and wooden bag near the house of the petitioner. It

                   is next submitted that petitioner was not arrested 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 but then is adjacent to his house and he

                   came to be implicated based on secret information which is the
Patna High Court CR. MISC. No.27167 of 2026(2) dt.23-04-2026
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          easiest way to implicate someone, without holding a proper

          investigation, when petitioner admittedly is a person with clean

          anteceent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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 Patauna P.S. Case No.13/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.27167 of 2026(2) dt.23-04-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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