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Patna High Court

Pradeep SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is warranted under Section 438(2) CrPC and Section 482 BNSS, given the petitioner’s clean antecedent and lack of direct involvement in the seizure.

Summary

The petitioner, Pradeep Sahni, sought anticipatory bail fearing arrest in an excise case (Case No. 102 of 2026) involving the alleged recovery of 8.625 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had a clean antecedent, and was not present at the site of the seizure. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 25,000 to a charitable institution. The order was conditioned on verification of his clean antecedent, compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and regular attendance at the police station. Failure to comply would result in cancellation of bail.

Issues considered

  • What is the applicability of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in granting anticipatory bail in an excise offence?
  • Whether the petitioner’s claim of innocence and clean antecedent justifies the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • excise offence
  • Illicit liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37168 of 2026
                     Arising Out of PS. Case No.-102 Year-2026 Thana- Excise P.S. District- Samastipur
                 ======================================================
                 Pradeep Sahni S/o Suraj Sahni Resident of Village- Chandauli, Ward No. -12,
                 P.S.- Ujiyarpur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Dilip Kumar Roy, Advocate
                 For the Opposite Party/s :         Mr.Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Sadar Excise Samastipur P.S. Case No. 102 of

                   2026 registered for the offence under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                    3. As per the prosecution case, the recovery is of

                   total 8.625 litres of IMFL from an open husk room.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that though the

                   petitioner is named in the FIR, but he was not arrested on the

                   spot from where the illicit liquor was recovered. Petitioner has

                   clean antecedent.
Patna High Court CR. MISC. No.37168 of 2026(2) dt.15-06-2026
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                           5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Special Judge

          Excise -II, Samastipur/ concerned Court below in connection

          with Sadar Excise Samastipur P.S. Case No. 102 of 2026,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramkrishna Mission Ashrama, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the
              Patna High Court CR. MISC. No.37168 of 2026(2) dt.15-06-2026
                                                          3/3




                        petitioner shall only be accepted if it is found that he has clean

                        antecedent.

                                      10. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Ujiyarpur Police Station, District- Samastipur on any two

                        Sundays of every month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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