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Patna High Court

Guddu SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedents.

Summary

Guddu Sahani applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that the alleged liquor recovery was from a field not belonging to him and that no liquor was found in his possession. The petitioner argued that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and comply with Section 482(2) of the B.N.S.S. The court directed the trial court to verify the petitioner’s criminal antecedent and stipulated that the bail could be revoked if more than one prior case is found. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
  • Whether the facts alleged by the petitioner justify the grant of bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • provisional bail
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4828 of 2026
                   Arising Out of PS. Case No.-359 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Guddu Sahani Son of Late Muneshwar Sahani R/o village - Mugraha @
                 Mungaraha @ Bhungaraha, Janaki Rai Ke Tola, P.S.- Manjhagarh, District -
                 Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satyendra Rai, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. 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 under the Excise Act and

                   allegation is of recovery of 40 litres of liquor from a field. 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 local person but then it is
Patna High Court CR. MISC. No.4828 of 2026(2) dt.02-02-2026
                                            2/3




          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.

                       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.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned District &

          Additional Sessions Judge-XIII-cum-Special Excise Court No.I,

          Gopalganj in connection with Manjhagarh P.S. Case No.359 of

          2025, 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 more than one case, then
               Patna High Court CR. MISC. No.4828 of 2026(2) dt.02-02-2026
                                                           3/3




                         it would be presumed that petitioner for the purposes of

                         obtaining 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 has antecedent of only one case, 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.2500/- with High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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