Patna High Court
Baleshwar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions and verification of his antecedent.
Summary
The petitioner, Baleshwar Sahani, was implicated in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly recovering 150 litres of liquor from a sack near the Dhanauti river. He contended that he has a clean antecedent, that the liquor was not in his conscious possession, and that the location of the alleged seizure does not belong to him and is accessible to villagers. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail may be cancelled; otherwise, the provisional order will be confirmed. The petitioner was also directed to deposit Rs. 1500 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the lack of possession and the petitioner's clean antecedent justify the grant of bail
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate
Legislation cited
- Bihar Excise Act — s. 30(a), 41(1)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- clean antecedent
- seizure of liquor
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5116 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- Raghunathpur District- East Champaran
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Baleshwar Sahani S/o- Ramashish Sahani @ Ramshish Sahani R/v- Sapahi
Britiya Ps- Raghunathpur Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
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 offences punishable under Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 150 liters of liquor from a sack near the bank of
Dhanauti river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 at the
Patna High Court CR. MISC. No.5116 of 2026(2) dt.02-02-2026
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instance of local person and spy, but then the name of the person
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution. It is
also submitted that the easiest way to implicate someone is
based on secret information provided by the spy, 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, 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
Raghunathpur P.S. Case No. 297 of 2025 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 even
one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.5116 of 2026(2) dt.02-02-2026
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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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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