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Patna High Court

Sudhir SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedents.

Summary

Sudhir Sahni applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 80 litres of liquor from a motorcycle that was not in his possession. The petitioner argued that the police had mechanically implicated him based on a chowkidar’s complaint and that no seizure was made from his conscious possession. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. If more than two prior cases are found, the bail would not be confirmed; if only two, it would be confirmed. The court also ordered the petitioner to deposit Rs.2,500 with the Advocates’ Association, Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • provisional bail
  • criminal antecedent
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3571 of 2026
                    Arising Out of PS. Case No.-134 Year-2025 Thana- MANJHAUL District- Begusarai
                 ======================================================
                 Sudhir Sahni S/O Late Basudeo Sahni R/O Village- Bich Khanna Tola, P.S-
                 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 has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 80 litres of liquor from a motorcycle

                   and two bags. 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.3571 of 2026(2) dt.29-01-2026
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          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

                       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.10,000/- (Rupees Ten Thousand) 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 antecedents of more than two cases,

          then it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.3571 of 2026(2) dt.29-01-2026
                                                           3/3




                         obtaining 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 has antecedents of only two cases, 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.2500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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