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Patna High Court

Sachidanand SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner, subject to verification of his criminal antecedent.

Summary

The petitioner, Sachidanand Sahani, was implicated in a case concerning the seizure of 73.880 litres of liquor from a pick‑up vehicle he owned. He argued that he had no knowledge of the liquor being in the vehicle, that the vehicle was misused by his brother, and that he had a clean criminal record. The State opposed his application for anticipatory bail. The Court examined the facts, noting the lack of direct possession and the petitioner's clean antecedent, and granted provisional anticipatory bail subject to verification of his criminal history. The bail was conditioned on a cash bond and two sureties, and the trial court was directed to confirm or cancel the bail after checking the antecedent. The order reflects the application of Section 438(2) of the Cr.P.C. and relevant provisions of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 Cr.P.C. to the petitioner accused under the Bihar Prohibition and Excise (Amendment) Act, 2018?
  • Whether the petitioner’s ownership of the vehicle, without direct possession of the liquor, warrants denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 438 Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30647 of 2026
                  Arising Out of PS. Case No.-330 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Sachidanand Sahani S/O Nageshwar Sahani R/O Village- Aarra (Arara)
                 Dharhara, P.S- Hazipur, Distt.- Vaishali.
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :         Mr. Navin Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  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 Sections 30(a),

                   32(a) and (iii) and 41(i) & (ii) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 73.880 litres of liquor from a Pick-Up vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is further submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.30647 of 2026(2) dt.06-05-2026
                                            2/3




          occurrence and, thus, would create evidence against himself

          and, hence, would get implicated. It is also submitted that

          petitioner was completely unaware that his brother, namely,

          Jyoti Kumar Sahni would misuse the vehicle in the manner as

          alleged who was also apprehended from the spot.

                       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 appearing on behalf of the petitioner, let 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.500/- (Rupees

          Five Hundred) 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 Prohibition &

          Excise (Bhabua) P.S. Case No. 330 of 2024, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.30647 of 2026(2) dt.06-05-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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