Patna High Court
Dipu SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Dipu Sahni, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 105 litres of liquor from a bush adjacent to his house. He asserted that he has a clean antecedent, was not apprehended at the spot, and no liquor was found in his possession. Seeking anticipatory bail, he argued that the investigation was based on secret information without proper inquiry. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedent within six weeks; if any prior case is found, the bail would not be confirmed. The petitioner was also directed to deposit Rs.1500 with the Lawyers’ Association within two weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3984 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- Panapur District- Muzaffarpur
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Dipu Sahni S/o Gaya Sahni R/o Village - Narayanpur, Haridaspur, P.S -
Panapur Kariyat, Muzaffarpur, District - Muzaffarpur, Pin - 843109
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 105 liters of liquor from a bush situated near the
house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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,
but then is adjacent to his house and he came to be implicated
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based on secret information which is the easiest way to
implicate someone without holding a proper investigation, when
petitioner admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) 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 Panapur
Kariyat P.S. Case No. 138 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
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verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Lawyers’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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