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Patna High Court

Harendra SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                          3/3




                        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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