Patna High Court
Harendra SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to specified conditions and verification of his antecedent.
Summary
The petitioner, Harendra Sahani, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Excise Act for alleged recovery of liquor. He argued that he has a clean antecedent, that the liquor was recovered from a place not belonging to him, and that no liquor was found in his possession at the time of the alleged incident. The State opposed the bail, contending that the allegations warrant detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing bail bonds, two sureties, and depositing a sum with the Advocates’ Association, with the trial court to verify his antecedent. The order further provides that if any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the applicable provisions given the nature of the alleged offences under the Bihar Excise Act.
- Whether the absence of possession of the alleged liquor and the petitioner’s clean antecedent justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4100 of 2026
Arising Out of PS. Case No.-252 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Harendra Sahani S/o Baldeo Sahani Resident of Mohalla- Chaumukh, P.S.-
Bochahan, District- Muzaffarpur,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
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 Sections 30(a) and
37 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 34 litres of liquor from two places along with 40
litres of semi manufactured liquor, which was destroyed at the
spot.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.4100 of 2026(2) dt.29-01-2026
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and he came to be implicated at the instance of local people and
Chowkidar but then it is submitted that if local people or
Chowkidar was aware about the involvement of the petitioner 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.
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
Bochchan P.S. Case No. 252 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
Patna High Court CR. MISC. No.4100 of 2026(2) dt.29-01-2026
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after 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 submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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