Created by Fuzzy Cloud

Patna High Court

Pardeshi Sahani @ Pardeshi Babu @ Pardesi BabuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent cases.

Summary

The petitioner, Pardeshi Sahani, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act, where police alleged recovery of 73.755 litres of liquor and 800 empty bottles from a mango orchard not owned by him. He argued that the liquor was not in his conscious possession, that the complaint originated from a hostile chowkidar, and that the police had not conducted a proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties of equal amount, and a condition that the trial court verify the petitioner’s criminal antecedents within six weeks. The court stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether the absence of recovered liquor in the petitioner’s possession and the alleged hostile motive of the informant affect bail eligibility.
  • Whether the petitioner’s prior criminal antecedents (more than two cases) would preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • police investigation
  • Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32013 of 2026
                  Arising Out of PS. Case No.-113 Year-2026 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Pardeshi Sahani @ Pardeshi Babu @ Pardesi Babu S/o Chulai Sahani
                 Resident of village- Madhubani Ghat, P.s. - Muffasil, Distt.- 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.Pushpa Sinha
                 ======================================================
                 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.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 73.755

                   litres of liquor from a bush in a mango orchard along with 800

                   empty liquor bottles.

                             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
Patna High Court CR. MISC. No.32013 of 2026(2) dt.13-05-2026
                                            2/3




          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 next submitted that if

          Chowkidar was aware about 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. 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. 10,000/- (Rupees

          Ten 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 Muffasil P.S. Case

          No. 113 of 2026 subject to the conditions as laid down under

          Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.32013 of 2026(2) dt.13-05-2026
                                                          3/3




                                 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 than two

                        cases 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 two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.