Patna High Court
Pardeshi Sahani @ Pardeshi Babu @ Pardesi BabuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 41(1)
- Bihar Negotiable Instruments Act — s. 482(2)
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
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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
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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
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