Patna High Court
Sudhir Sahni @ Sudhir Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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
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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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