Patna High Court
Bhola SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to bond and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Bhola Sahani, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor from a sugarcane field and a pond area not belonging to him. He claimed the complaint was motivated by an inimical relationship with a chowkidar and that no liquor was found in his possession at the time of arrest. The petitioner has ten prior criminal cases, nine of which relate to excise offences. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs. 50,000 bond with two sureties and directed the trial court to verify the petitioner’s antecedent; if more than ten cases are found, the bail would be revoked.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the CrPC in view of the alleged offences under the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent disqualifies him from obtaining anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- Section 482 CrPC
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28401 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Bhola Sahani son of Late Ramadhar Sahani Resident of Vill -Mehwa PS
-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.Kanhiya Kishor
======================================================
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.
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 ten cases out of which nine case are
under the Excise Act and allegation is of recovery of 120 litres
of liquor from a sugarcane field and 90 litres of liquor from a
place near a pond.
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 even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.28401 of 2026(2) dt.29-04-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was 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. It is also submitted that petitioner earlier also in
similar manner came to be implicated in cases relating to
Excise.
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 within a period of six weeks from today,
be released on Provisional anticipatory bail on furnishing bail
bonds 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. 29 of 2026, subject to the conditions as
Patna High Court CR. MISC. No.28401 of 2026(2) dt.29-04-2026
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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 ten
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 ten cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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