Patna High Court
Bikku Sahani @ Bikku KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Bikku Sahani, a resident of East Champaran, applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly recovering 50 litres of liquor from a sack. He asserted that he has a clean antecedent, was not arrested at the spot, and that the alleged liquor was recovered from a public place, not from his possession. He further claimed that a hostile watchman (chawkidar) falsely implicated him to protect the real culprits. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and a verification of his antecedent by the trial court. The order also required the petitioner to deposit Rs.1,500 with the High Court Legal Services Committee within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- false implication
- watchman
- bail bond
- Section 438
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4939 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- SHIKARGANJ District- East Champaran
======================================================
Bikku Sahani @ Bikku Kumar S/o Wakil Sahni R/O Village- Dhab Tola,
Tikuliya, P.O- Laxmipur, Tikuliya, P.S- Motihari Mufasil, Distt.- East
Champaran, Bihar- 845401.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from a sack allegedly thrown by
the petitioner.
4. Learned counsel for the petitioner submits that
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
and is accessible to public at large. It is further submitted that
Patna High Court CR. MISC. No.4939 of 2026(2) dt.02-02-2026
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petitioner came to be implicated at the instance of the
Chawkidar with whom petitioner is on an inimical term. It is
next submitted that it appears that the Chawkidar in order to
save the real culprits falsely implicated the petitioner, when
petitioner admittedly is a person with clean antecedent.
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, let 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.500/- (Rupees Five Hundred) 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
Shikarganj P.S. Case No. 273 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.4939 of 2026(2) dt.02-02-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent 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.1,500/- with the High Court Legal
Services Committee, Patna within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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