Patna High Court
Guddu Sahni @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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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