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Patna High Court

Nitesh Sahani @ Nitish SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.43306 of 2026(2) dt.02-07-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.43306 of 2026(2) dt.02-07-2026
                                                          3/3




                        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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