Patna High Court
Sohan MarandiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sohan Marandi, was implicated in a case under Sections 30(a) and 30(d) of the Bihar Excise Act for allegedly recovering 100 litres of liquor and 6,000 litres of fermented mahua from a forest. He applied for anticipatory bail, arguing that he was not arrested at the spot, that the alleged contraband was not in his possession, and that the case was based solely on secret information without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedent. The order stipulated that if the petitioner is found to have more than one prior case, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The decision rests on the court’s discretion under Section 482(2) of the BNSS to prevent abuse of the criminal process.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 30(a) and 30(d) of the Bihar Excise Act.
- Whether the court may grant provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.
- Whether the reliance on secret information without a proper investigation justifies denial of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30 Bihar Excise Act
- Section 482(2) BNSS
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30929 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Sohan Marandi S/o Munna Marandi @ Nunnu Marandi Resident of village -
Gayghat, PS - Kawakol, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad
For the Opposite Party/s : Ms.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 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) and
30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 100 litres of liquor from a forest near
Gaighat along with 6000 litres of fermented mahua, which was
destroyed.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
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and is accessible to public at large and he came to be implicated
based on secret information which is the easiest way to
implicate someone. It is further submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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 for the petitioner, the petitioner above-named, in the
event of his 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.
5,000/- (Rupees Five Thousand) 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 Kawakol
P.S. Case No. 92 of 2026, subject to the conditions as laid down
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 petitioner and
in the event if it is found that petitioner has antecedent of more
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than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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