Patna High Court
Ashok SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents.
Summary
Ashok Sahani sought anticipatory bail fearing arrest in a case registered under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that the alleged seizure of 270 litres of liquor was from a location not under his control and that the complaint was filed by a hostile chowkidar, raising doubts about the propriety of the police investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedents. The bail will be confirmed only if the verification shows he has no more than five prior cases; otherwise, the provisional order will lapse.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC and Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents disqualify him from obtaining bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- excise law
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4893 of 2026
Arising Out of PS. Case No.-650 Year-2022 Thana- HARSIDHI District- East Champaran
======================================================
Ashok Sahani S/o Hiranand Sahani R/O Vill - Damobriti, P.S.- Harsidhi, Dist-
East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 15-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 272, 273 of
the IPC and Section 30(a) of Bihar Prohibition and Excise Act,
2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases, out of which, four cases
are under the Excise Act and allegation is of recovery of 270
litres of liquor from Damobriti chawar. 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
Patna High Court CR. MISC. No.4893 of 2026(4) dt.15-04-2026
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implicated at the instance of chowkidar with whom he is on an
inimical term. It is also submitted that if chowkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation. It
is next submitted that petitioner earlier in similar manner also
came to be implicated in cases relating to excise.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.25,000/-(Twenty five 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 Harsiddhi P.S. Case No.650/2022, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.4893 of 2026(4) dt.15-04-2026
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6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
five cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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