Patna High Court
Pradeep SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
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
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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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