Patna High Court
Sanjay SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioner, Sanjay Sahni, applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act, alleging recovery of 7 litres of liquor from a house and 70 litres from a public bush. He contended that he was not arrested at the spot, the liquor was not in his conscious possession, and that he was implicated due to an enmity with a watchman. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s three prior Excise cases. The Court examined the lack of direct possession, the possibility of false implication, and the petitioner’s criminal antecedent, and directed that provisional anticipatory bail be granted subject to a bond of Rs 15,000 with two sureties and verification of his antecedents. The order further stipulated that if more than three prior cases are found, the bail would be revoked; otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act where the accused claims no possession of the seized liquor.
- Whether the petitioner’s three prior cases under the Excise Act preclude the grant of anticipatory bail.
Legislation cited
- Cr.P.C. — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438 CrPC
- criminal antecedent
- bail bond
- false implication
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32335 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- BAKHARI District- Begusarai
======================================================
Sanjay Sahni S/o Late Saheb Sahni R/o vill - Goriyari, P.S.- Bakhri, Distt.-
Begusarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 07 litres of liquor from house of
Rajiya Devi and 70 litres of liquor from a bush beside a pond.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a house, which does not belong to the
petitioner and petitioner has no concern or relation with Rajiya
Patna High Court CR. MISC. No.32335 of 2026(2) dt.13-05-2026
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Devi and 70 litres of liquor was recovered from a place which is
accessible to public at large, but then, he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Bakhri P. S. Case No.71 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.32335 of 2026(2) dt.13-05-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
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