Patna High Court
Varun Sahni @ Varun Kumar @ Barun SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s antecedents, as the allegations did not establish sufficient grounds for arrest.
Summary
Varun Sahni, also known as Varun Kumar and Barun Sahni, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 215 litres of liquor from Ghoghiyar Chawar. He contended that he has a clean antecedent, that the liquor was not found in his possession, and that the alleged location does not belong to him, suggesting the accusation was based on secret information without proper investigation. The State opposed his prayer for anticipatory bail. The Court, after considering the petitioner's clean record and the lack of direct possession, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, invoking Section 482(2) of the B.N.S.S. The order directed the trial court to verify the petitioner’s criminal antecedents and to confirm the bail only if the antecedents remain clean; otherwise, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the circumstances of no possession and a clean antecedent justify the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31960 of 2026
Arising Out of PS. Case No.-214 Year-2026 Thana- SARAIYA District- Muzaffarpur
======================================================
Varun Sahni @ Varun Kumar @ Barun Sahni S/o late Sagar Sahni R/o
Village- Basaitha, P.S- Saraiya, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 215 litres of liquor from Ghoghiyar Chawar. 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 based on secret information which is the easiest way to
implicate someone, without holding a proper investigation, more
so when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.31960 of 2026(2) dt.13-05-2026
2/2
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.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 Saraiya P.S.
Case No.214/2026, 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 even one case,
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 is a person with clean antecedent, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
amit/-
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