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Patna High Court

Varun Sahni @ Varun Kumar @ Barun SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U        T


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