Patna High Court
Vikas Sahni @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedents.
Summary
The petitioner, Vikas Sahni, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 60 litres of liquor from a motorcycle. He asserted a clean criminal record, claimed he was not the owner of the seized vehicle, and alleged that a watchman (Chowkidar) with whom he had a hostile relationship implicated him. The petitioner sought anticipatory bail, while the State opposed the relief. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act.
- Whether the conditions imposed by the High Court are appropriate under Section 482(2) of the Criminal Procedure Code.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- liquor seizure
- clean antecedent
- provisional bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33141 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- MOTIPUR District- Muzaffarpur
======================================================
Vikas Sahni @ Vikash Kumar S/O Mishrilal Sahni R/O Village- Nariyar, P.O.
and P.S.- Motipur, PS Motipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhigyan Kumar
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 60 litres of liquor from a motorcycle.
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 is not the owner of
the seized vehicle 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
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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.
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 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 Motipur P.S. Case No. 82 of 2026, subject to
the conditions as laid down under Section 482(2) of the BNSS.
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 even
one case 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 is a person with clean
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antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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