Patna High Court

Vinod Sahni @ Vinod MukhiyaversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedent.

Summary

Vinod Sahni, a resident of Shyampur, was implicated in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act for allegedly possessing 10.5 litres of liquor recovered from a bag that did not belong to him. He claimed he had a clean antecedent and that the complaint was motivated by an inimical relationship with the chowkidar who lodged the FIR. The petitioner sought anticipatory bail, arguing that he was not caught in the act and that the recovery was not from his conscious possession. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bond of Rs. 500 with two sureties, and directed the trial court to verify his antecedent before confirming the bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of the FIR under the Bihar Excise Act
Whether the petitioner’s alleged clean antecedent affects the grant of anticipatory bail

Subjects

anticipatory bail
excise law
criminal procedure
bail conditions
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31013 of 2026
                   Arising Out of PS. Case No.-399 Year-2024 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Vinod Sahni @ Vinod Mukhiya Son of Shital Sahni @ Puran Mukhiya
                 Resident of village - Shyampur, P.S.- Adapur, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal
                 ======================================================
                 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 offences punishable under Sections 30(a), 32

                   and 41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10.5 liters of liquor from a bag.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended 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 he came to be implicated at the instance of Chowkidar with

                   whom he is on an inimical term. It is also submitted that if
Patna High Court CR. MISC. No.31013 of 2026(2) dt.07-05-2026
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          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.

                       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.

          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 Adapur

          P.S. Case No. 399 of 2024 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 even 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 is a
            Patna High Court CR. MISC. No.31013 of 2026(2) dt.07-05-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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