Patna High Court
Bhutta SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his antecedent under Section 482(2) of the CrPC.
Summary
The petitioner, Bhutta Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 80 litres of liquor and a motorcycle were seized. He argued he has a clean antecedent, the seized items were not in his possession, and the complaint was motivated by an inimical chowkidar. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code, directing verification of his antecedent. If any prior case is found, the bail may be revoked; otherwise, it will be confirmed. The petitioner also agreed to deposit Rs.1500 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedent and lack of possession of the seized items justify granting bail.
- Whether conditions under Section 482(2) of the Criminal Procedure Code may be imposed on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3518 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Bhutta Sahni S/o Sita Ram Sahni R/V- Aspatal Tola, PS- Manjhaul, Dist-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 80 litres of liquor from two bags and a motorcycle
was seized. It is next submitted that petitioner was not arrested
from the spot, as such, nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner 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 also
Patna High Court CR. MISC. No.3518 of 2026(2) dt.29-01-2026
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submitted that if Chowkidar was aware of 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Judge-I, Begusarai in connection with Manjhaul P.S.
Case No.134 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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