Patna High Court
Nitesh Sahani @ Nitish SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail bond requirements.
Summary
The petitioner, Nitesh Sahani, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging that 70 litres of liquor were recovered from a public riverbank and not from his possession. He claimed the complaint was filed by a hostile chowkidar and that the police had mechanically implicated him without proper investigation, despite his having two prior excise cases. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedent. If the trial court finds more than two prior cases, the bail will not be confirmed; if exactly two, the bail will be confirmed. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case involving alleged excise offences where the alleged contraband was not in the accused's possession?
- Whether the petitioner’s prior two excise cases affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 482
- bail conditions
- public place
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43306 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- BANJARIA District- East Champaran
======================================================
Nitesh Sahani @ Nitish Sahani Son of Rameshwar Sahani Resident of
village- Chichurahiya (Gamhariya), Ps- Banjariya, Dist- East Champaran
Motihari
... ... Petitioner/s
Versus
The State of Bihar =
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhandev Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 offences punishable under Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 70 litres of liquor from gallons near
bank of Tilawe river.
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
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is further submitted that once an accused is implicated
in a case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
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.
10,000/- (Rupees Ten 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 Banjariya
P.S. Case No. 36 of 2026, 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 more
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than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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