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Patna High Court

Sohan MarandiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.30929 of 2026(2) dt.04-05-2026
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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
              Patna High Court CR. MISC. No.30929 of 2026(2) dt.04-05-2026
                                                          3/3




                        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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