Patna High Court
Guddu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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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