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Patna High Court

Guddu Sahni @ Guddu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Guddu Sahni, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 300 litres of liquor near the Gandak river, though no liquor was found in his possession. He claimed the investigation was mechanical, based on the testimony of a chowkidar, and highlighted his prior criminal record of 15 cases, 12 of which relate to the Excise Act. He applied for anticipatory bail, arguing that the FIR lacked proper investigation and that the alleged recovery occurred on public land. The State opposed the bail. The court granted provisional anticipatory bail conditioned on a bail bond of Rs.75,000 with two sureties and directed the trial court to verify his antecedents, stating that if more than 15 cases are found, the bail would not be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted despite the petitioner’s extensive criminal antecedents.
  • Whether the FIR and investigation are tainted by mechanical procedures and lack of possession.
  • Whether the conditions imposed under Section 482(2) are appropriate for confirming or denying bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • mechanical investigation
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30827 of 2026
                         Arising Out of PS. Case No.-97 Year-2026 Thana- MAKER District- Saran
                 ======================================================
                 Guddu Sahni @ Guddu Kumar S/O Late Singheshwar Sahani @ Sigehswar
                 Sahni R/O Village- Hasanpura Murahi , P.S- Maker ,Dist - Saran.

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

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

2   07-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of 15 cases, out of which, 12 cases are

                   under the Excise Act and allegation is of recovery of 300 litres

                   of liquor from a place near bank of Gandak river. It is next

                   submitted that petitioner was not arrested 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 villagers at large and he came to

                   be implicated at the instance of chowkidar with whom he is on
Patna High Court CR. MISC. No.30827 of 2026(2) dt.07-05-2026
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          an inimical term. It is next 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 through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation. It is further submitted that

          petitioner in similar manner earlier also came to be implicated in

          cases relating to excise. It is further submitted that the manner in

          which the police implicates amply demonstrates that the

          investigation is mechanical.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.75,000/- (Rupees seventy five

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned trial court where the case is
             Patna High Court CR. MISC. No.30827 of 2026(2) dt.07-05-2026
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                       pending/successor court in connection with Maker P.S. Case

                       No.97/2026, subject to the conditions as laid down under

                       Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than 15

                       cases, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of 15

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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