Patna High Court
Mithun SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner's antecedent, confirming bail only if the antecedent does not exceed three cases.
Summary
The petitioner, Mithun Sahni, sought anticipatory bail after learning of a pending case under Sections 30(a) and 32(1), (2) of the Bihar Excise Act alleging recovery of 60 litres of liquor from a public bush. He argued that the liquor was not in his conscious possession, the location did not belong to him, and the complaint was filed by a hostile watchman, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offences and the petitioner's prior three excise cases. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner's criminal antecedent and conditionally confirm the bail if he has no more than three prior cases, otherwise the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
- Whether the absence of possession of the alleged liquor and the public nature of the recovery site justify granting bail.
- How the petitioner's prior criminal antecedent under the Excise Act impacts the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 482
- criminal antecedent
- bail conditions
- public place recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28310 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- GORAUL District- Vaishali
======================================================
Mithun Sahni S/o- Ashrafi Sahni Village- Rasulpur Fatah, P.S.- Goraul, Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a),
32(1), (2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 60 liters of liquor from a bush along
with other articles as detailed in the FIR.
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 public at large and he came to be implicated
Patna High Court CR. MISC. No.28310 of 2026(2) dt.29-04-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that if Chowkidar was aware of 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
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.
15000/- (Rupees Fifteen 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 Goraul
P.S. Case No. 84 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.28310 of 2026(2) dt.29-04-2026
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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
three 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 three cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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