Patna High Court
Sanket Sahani @ Sanket SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the trial court’s findings.
Summary
The petitioners, Sanket Sahani and Saroj Sahani, feared arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging recovery of liquor and Mahua from a public pond. They contended that they were not caught in the act, that nothing was seized from their possession, and that the investigation relied on secret information without proper inquiry. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 and two sureties, subject to verification of the petitioners’ criminal antecedents by the trial court. The Court stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. Thus, the petition for anticipatory bail was allowed with safeguards.
Issues considered
- Whether anticipatory bail can be granted in an excise case where the alleged contraband was not recovered from the accused’s possession.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise law
- secret information
- criminal antecedent
- provisional bail
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56340 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. Sanket Sahani @ Sanket Sahni son of Surendra Sahani Resident of Village-
Banparua, P.S.- Kesariya, District- East Champaran.
2. Saroj Sahani @ Saroj Kumar Son of Harendra Sahani Resident of Village-
Banparua, P.S.- Kesariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 05-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274 and
275 of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases under the excise act
and allegation is of recovery of 100 liters of liquor along with
4500 liters of Mahua pass from a place near pond of Kashi
singh.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.56340 of 2025(4) dt.05-01-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated based on secret information which is the easiest
way to implicate someone. It is also 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
10,000/- (Rupees Ten Thousand) each 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
Kesariya P.S. Case No. 47 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.56340 of 2025(4) dt.05-01-2026
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7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
antecedent of more than two cases then it would be presumed
that petitioners, for the purposes of seeking anticipatory bail,
had concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners have antecedent of
two cases only, in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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