Created by Fuzzy Cloud

Patna High Court

Bhutta SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.3518 of 2026(2) dt.29-01-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.