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Patna High Court

Lala SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to specified conditions.

Summary

The petitioners, Lala Sahni and Shankar Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 200 litres of liquor from a location not belonging to them. They argued they have a clean criminal record, were not in possession of the liquor, and were implicated due to an inimical watchman. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 each, two sureties, verification of the petitioners' antecedent, and a deposit of Rs.1,500 with the Patna High Court Lawyers’ Association. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioners' clean antecedent and lack of possession justify the grant of anticipatory bail.
  • Whether conditions such as bail bond, sureties, verification of antecedent, and deposit can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail bond
  • surety
  • criminal antecedent verification
  • watchman

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4282 of 2026
                    Arising Out of PS. Case No.-309 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Lala Sahni S/o Shankar Sahni R/o Village - Chakbhua, P.S - Bhagwanpur,
                  District - Vaishali
           2.     Shankar Sahni S/o Late Vishwanath Sahni R/o Village - Chakbhua, P.S -
                  Bhagwanpur, District - Vaishali
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Awadhesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 200 litres of liquor from a place near the house of

                   Bipat Sahni.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged

                   recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.4282 of 2026(2) dt.31-01-2026
                                            2/3




          petitioners. It is further submitted that petitioners have no

          concern or relation with Bipat Sahni and came to be implicated

          at the instance of the Chawkidar with home they are on an

          inimical term. It is next submitted that if the Chawkidar was

          aware of the involvement of the petitioners in the occurrence

          then why he did not inform the police prior to the institution of

          the instant FIR which casts an aspersion on the case of the

          prosecution, when petitioners admittedly are persons with clean

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their 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) each 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

          Bhagwanpur P.S. Case No. 309 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the BNSS.
           Patna High Court CR. MISC. No.4282 of 2026(2) dt.31-01-2026
                                                       3/3




                                  7. It is made clear that thereafter the learned trial

                     court shall verify the criminal antecedent of the petitioners and

                     if it is found that petitioners have antecedent of even one case, it

                     would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioners are persons with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioners

                     based on instruction submits that petitioners undertake to

                     deposit an amount of Rs.1,500/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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