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Patna High Court

Sudhir Sahni @ Sudhir Kumar SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Sudhir Sahni, sought anticipatory bail in a case registered under Sections 30, 38(i), 38(ii) and 41 of the Bihar Excise Act for allegedly possessing 6.375 litres of liquor recovered from a kiosk not owned by him. He argued that he has a clean antecedent, was not arrested at the spot, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed verification of the petitioner’s criminal antecedent. It further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail for offences under the Bihar Excise Act.
  • Whether the absence of seizure from the petitioner’s possession and the non-disclosure of the informant affect the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the BNSS can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 482
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3496 of 2026
                     Arising Out of PS. Case No.-355 Year-2019 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Sudhir Sahni @ Sudhir Kumar Sahni S/o- Kishori Sahni village - Mahisautha,
                 P.S. - Nanpur, Dist. - Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Virendra Kumar
                 For the Opposite Party/s :       Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026               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, 38(i)

                   (ii) and 41 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 6.375 litres of liquor from kiosk of the petitioner.

                             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

                   recovery is from a kiosk which does not belong to the petitioner,

                   but then police in a mechanical manner without holding a proper

                   investigation based on disclosure made by local people
Patna High Court CR. MISC. No.3496 of 2026(2) dt.29-01-2026
                                            2/3




          implicated the petitioner in the instant case, but then the name of

          the person, who disclosed the name of the petitioner is not

          disclosed in the 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 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.

          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 Nanpur

          P.S. Case No. 355 of 2019, 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
              Patna High Court CR. MISC. No.3496 of 2026(2) dt.29-01-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 1,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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