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Patna High Court

Tuntun SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated conditions.

Summary

The petitioners, members of the Sahni family, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging they were involved in the recovery of 410 litres of liquor and 20,000 litres of Jawa Mahua solution from a site near the Gandak river. They argued they have clean antecedents, were not caught in possession, and the alleged recovery occurred on land not belonging to them, with the complaint apparently instigated by a chowkidar. The State opposed the bail, contending the seriousness of the offence. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioners' criminal antecedents. The order stipulated that if any petitioner is found to have a prior case, the bail would not be confirmed for that individual, but if all are clean, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the provisions applicable to offences under Section 30(a) of the Bihar Excise Act
  • Whether the circumstances of alleged non‑possession and clean antecedent justify granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29838 of 2026
                      Arising Out of PS. Case No.-673 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
           1.     Tuntun Sahani S/O Rama Sahani R/O vill.- Baijalpur, P.S- Paru, Dist -
                  Muzaffarpur
           2.    Munna Sahni S/o Rama Sahni R/o village-Baijalpur, P.S- Paru, District-
                 Muzaffarpur.
           3.    Bhola Sahni S/o Rama Sahni R/o village- Baijalpur, P.S- Paru, District-
                 Muzaffarpur.
           4.    Rama Sahni S/o Kewal Sahni R/o village-Baijalpur, P.S- Paru. District-
                 Muzaffarpur
           5.    Ranjan Sahni S/o Lalbabu Sahni R/o village-Baijalpur, P.S- Paru, District-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhyanand
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 410 liters of liquor along with 20000 liters of Jawa

                   Mahua solution from a place near bank of Gandak river.
Patna High Court CR. MISC. No.29838 of 2026(2) dt.04-05-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the petitioner

          and is accessible to villagers at large and they came to be

          implicated at the instance of Chowkidar, but then it is submitted

          that if Chowkidar was aware of the involvement of the

          petitioners 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, 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 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.

          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 Paroo

          P.S. Case No. 673 of 2025 subject to the conditions as laid down
            Patna High Court CR. MISC. No.29838 of 2026(2) dt.04-05-2026
                                                        3/3




                      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 petitioners and in the

                      event if it is found that any of the petitioners have antecedent of

                      even one case then it would be presumed that petitioners, for the

                      purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed with respect to the petitioner who

                      had concealed his antecedent, but after verification if it is found

                      that petitioners are persons with clean antecedent in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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