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Patna High Court

Vinod Sahani @ Vinod Chaudhary @ Vinod ChaudhriversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Vinod Sahani applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging the recovery of 120.420 litres of liquor from a tractor. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, was not the owner of the tractor, and the case was based on a confessional statement of Uma Shankar made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedent. The court stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in a case under Section 30(a) of the Excise Act where the petitioner claims lack of possession and reliance on a confessional statement.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37869 of 2026
                   Arising Out of PS. Case No.-540 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Vinod Sahani @ Vinod Chaudhary @ Vinod Chaudhri S/o Late Daroga
                 Sahani @ Daroga Chaudhary R/o vill - Baira Parsauni, P.S.- Nautan, Distt-
                 West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raki Alam
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 120.420 litres of liquor from a

                   tractor.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized tractor and he came to be implicated based on
Patna High Court CR. MISC. No.37869 of 2026(2) dt.17-06-2026
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          confessional statement of Uma Shankar in police custody which

          does not have any evidentiary value.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. 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-bonds in the

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

          the like amount each to the satisfaction of the learned Trial

          Court where the case is pending/successor Court in connection

          with ABP No.1106 of 2026 arising out of Nautan P. S. Case

          No.540 of 2025, subject to the conditions laid down under

          Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

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

          found that petitioner has antecedent of more than two cases,

          then it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before
               Patna High Court CR. MISC. No.37869 of 2026(2) dt.17-06-2026
                                                           3/3




                         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 antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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