Patna High Court
Suresh SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of criminal antecedent under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
The petitioners, three brothers from Dardha Chausaj, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for allegedly recovering 380 litres of liquor from a public riverbank. They argued they have clean antecedents, were not caught in possession, and the liquor was seized from a place open to the public based on secret information. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on the petitioners furnishing a bail bond of Rs. 500 with two sureties each, and directed the trial court to verify their criminal antecedents under Section 482(2) of the BNSA. The order stipulated that if any antecedent is discovered, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of alleged recovery of liquor from a public place justify granting anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- Bihar Narcotic Substances Act
- Bihar Excise Act
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28808 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- SAKRA District- Muzaffarpur
======================================================
1. Suresh Sahni S/O Late Ganga Sahni R/O Village- Dardha Chausaj,Dardha
Chauraj P.S- Sakra, District- Muzaffarpur.
2. Lakhindra Sahni S/O Baiju Sahni R/O Village- Dardha Chausaj, Dardha
Chauraj, P.S- Sakra, District- Muzaffarpur.
3. Mithun Sahni S/O Kishori Sahni R/O Village- Dardha Chausaj, Dardha
Chauraj, P.S- Sakra, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274 and
275 of the BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 380 litres of liquor from near Sardha Ghat near bank
of Buddi Gandak river.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated based on secret information which is the easiest
way to implicate someone without holding a proper
investigation, when petitioners admittedly are persons with
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Sakra P.S. Case No. 113 of 2026 subject to
the conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
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seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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