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Patna High Court

Madan SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for anticipatory bail is allowed, granting provisional bail subject to conditions.

Summary

Madan Sahani applied for anticipatory bail after being implicated in a case alleging recovery of 25 litres of liquor from his motorcycle, charging him under IPC sections 272 and 273 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that another person misused his vehicle. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to verification of his antecedent under Section 482(2) of the CrPC. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether ownership of the vehicle used in the alleged offence makes the owner liable for the offence.
  • Whether the bail can be conditioned on verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • ownership of vehicle
  • liquor seizure
  • IPC 272
  • IPC 273
  • Bihar Prohibition and Excise Act
  • provisional bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4132 of 2026
                   Arising Out of PS. Case No.-389 Year-2022 Thana- KESARIA District- East Champaran
                 ======================================================
                 Madan Sahani Son of Late Jai Ram Sahani Resident of Village- Banparua,
                 P.S.- Dumariyaghat, District- East Champaran

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

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

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 272 and 273 of the

                   Indian Penal Code as well as Section 30(a) of Bihar Prohibition

                   and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehcle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus,
Patna High Court CR. MISC. No.4132 of 2026(2) dt.29-01-2026
                                            2/3




          would create evidence against himself and hence, would get

          implicated. It is also submitted that petitioner was completely

          unaware that Saroj Kumar would misuse the vehicle in the

          manner as alleged, who was also apprehended from the spot.

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

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.3, Civil Court, East Champaran, Motihari in

          connection with Kesariya P.S. Case No.389 of 2022, subject to

          the conditions laid 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 petitioner 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 obtaining
               Patna High Court CR. MISC. No.4132 of 2026(2) dt.29-01-2026
                                                           3/3




                         anticipatory bail had concealed his 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

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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