Patna High Court
Bhola SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedent record.
Summary
The petitioner, Bhola Sahani, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 180 litres of liquor. The petitioner argued that he was not arrested at the spot, no liquor was found in his conscious possession, and the alleged recovery occurred on public land owned by a rival watchman. The State opposed the bail, citing the petitioner’s antecedent record of ten prior cases, nine of which were under the Excise Act. The Court considered the arguments and directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.50,000 with two sureties, subject to verification of his criminal antecedents. The order further stipulated that if the petitioner is found to have more than ten prior cases, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act
- Whether the petitioner’s criminal antecedent of ten cases precludes the grant of anticipatory bail
- Whether the absence of recovery from the petitioner’s conscious possession and the public nature of the alleged site affect bail eligibility
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- Section 30(a)
- criminal antecedent
- bail conditions
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27387 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Bhola Sahani S/o Late Ramadhar Sahani R/o Vill- Mehwa, P.S.- Sugauli,
Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of ten cases out of which nine
cases are under the Excise Act and allegation is of recovery of
180 litres of liquor from sheesham orchard.
4. The learned counsel for the petitioner submits 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
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.27387 of 2026(2) dt.23-04-2026
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at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically. It
is also submitted that petitioner in similar manner earlier also
came to be implicated in cases relating to excise.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.50,000/- (Rupees Fifty 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.56 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.27387 of 2026(2) dt.23-04-2026
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8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than ten cases, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of ten cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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