Patna High Court
KUNDAN SAHANIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail granted subject to a bail bond, two sureties and verification of antecedents, with confirmation contingent on finding only one prior case.
Summary
The petitioner, Kundan Sahani, sought anticipatory bail after the police registered a case (PS Case No. 522/2025) alleging that he was involved in the recovery of 141 litres of liquor from the bank of the Budhi Gandak river and the seizure of a motorcycle, offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that he was not arrested at the spot, that the liquor was not in his possession, and that the allegation stemmed from a complaint by a chowkidar rather than any direct evidence, raising doubts about the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. If the verification shows only one prior case, the bail will be confirmed; otherwise it will not be confirmed. The order directs the trial court to conduct the antecedent verification.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail
- Whether the circumstances of the alleged offence justify denial of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- provisional bail
- river liquor seizure
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42598 of 2026
Arising Out of PS. Case No.-522 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
KUNDAN SAHANI S/O Jiyalal Sahni Resident of Village - Majhar, P.S.-
Pakaridayal, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-07-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 141 litres of liquor from bank of Budhi Gandak
river and a motorcycle was seized. It is next submitted that
petitioner was not arrested 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
and is accessible to villagers at large and he came to be
implicated at the instance of chowkidar with whom he is on an
Patna High Court CR. MISC. No.42598 of 2026(3) dt.09-07-2026
2/3
inimical term. It is also submitted that if chowkidar was aware
of 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.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five 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 Pakridayal P.S. Case No.522/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.42598 of 2026(3) dt.09-07-2026
3/3
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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