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Patna High Court

Binod Sahani @ Vinod SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioners, three brothers from Muzaffarpur, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning alleged recovery of liquor and Mahua Jaggery solution that was destroyed in a river. They argued that no arrest was made at the spot, no possession was found, and the investigation was mechanically based on a chowkidar’s information without proper inquiry. The State opposed the bail, contending the seriousness of the offence and the petitioners’ prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 each, two sureties, and a verification of the petitioners’ criminal antecedents. It further directed the petitioners to deposit Rs 5,000 each with the Advocates’ Association within two weeks and stipulated that the bail would be confirmed only if the antecedent verification matched the petitioners’ claims. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the procedural aspects of the investigation justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • prior criminal antecedents
  • provisional bail
  • verification of antecedents
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3719 of 2026
                   Arising Out of PS. Case No.-209 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
           1.     Binod Sahani @ Vinod Sahani son of Basanti Sahani Resident of Village-
                  Hussepur, Naya Tola, P.S.- Sahebganj, District- Muzaffarpur
           2.    Bhuneshwar Sahani son of Late Basanti Sahani Resident of Village-
                 Hussepur, Naya Tola, P.S.- Sahebganj, District- Muzaffarpur
           3.    Dashai Sahani son of Late Narsingh Sahani Resident of Village- Hussepur,
                 Naya Tola, P.S.- Sahebganj, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioners apprehend their 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 petitioners submits that

                   petitioners no.1 and 2 have antecedent of one case under the

                   Excise Act and petitioner no.3 has antecedents of two cases under

                   the Excise Act and allegation is of recovery of 120 litres of liquor

                   along with 5000 litres of Mahua Jaggery solution which was

                   destroyed at the place of occurrence, i.e., Gandak Diyara river. It is

                   next submitted that petitioners were not arrested from the spot, as
Patna High Court CR. MISC. No.3719 of 2026(2) dt.30-01-2026
                                            2/3




          such, nothing was recovered from their conscious possession and

          even alleged recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large and they came to

          be implicated at the instance of Chowkidar but then if Chowkidar

          was aware of the involvement of the petitioners 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. It is next 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 petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in the

          sum of Rs.10,000/- (Rupees Ten Thousand) each with two sureties

          of the like amount each to the satisfaction of learned Exclusive

          Special Judge, Excise-II, Muzaffarpur in connection with

          Sahebganj P.S. Case No.209 of 2025, subject to the conditions laid
               Patna High Court CR. MISC. No.3719 of 2026(2) dt.30-01-2026
                                                           3/3




                         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 petitioners shall verify

                         the criminal antecedent of the petitioners and in the event, if it is

                         found that petitioners no.1 and 2 have antecedent of more than one

                         case and petitioner no.3 has antecedents of more than two cases,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their 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

                         petitioners no.1 and 2 have antecedent of only one case and

                         petitioner no.3 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 petitioners,

                         based on instruction, submits that petitioners undertake to deposit

                         an amount of Rs.5,000/- each with Advocates’ Association, Patna

                         High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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