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Patna High Court

Santosh SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioner, Santosh Sahani, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 94 litres of liquor from a boat. He contended that he was not in possession of the liquor, was not the owner of the boat, and had been implicated solely on the basis of secret information. The petitioner, who has antecedents in two prior cases, applied for anticipatory bail. The learned Additional Sessions Judge, Exclusive Special Excise Court‑II, Katihar, was directed to release him on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his criminal antecedents. The court further stipulated that if more than two antecedent cases are discovered, the provisional bail would not be confirmed, whereas confirmation would follow if only two antecedents are found. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the petitioner’s alleged involvement, based solely on secret information and lack of possession, warrants denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • secret information
  • criminal antecedent
  • provisional bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56890 of 2025
                  Arising Out of PS. Case No.-550 Year-2025 Thana- SAHAYAK NAGAR District- Katihar
                 ======================================================
                 Santosh Sahani S/o- Vishwanath Sahani Resident of Village- Mohalla
                 -Ranighat Gaushala PS-Sahayak District- Katihar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :      Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases and allegation is of

                   recovery of 94 litres of liquor from a boat. It is next submitted

                   that petitioner was not arrested from the spot, as such, nothing

                   was recovered from his conscious possession and he is not the

                   owner of the boat and he came to be implicated based on secret

                   information which is the easiest way to implicate someone. It is

                   next submitted that once an accused is implicated in a case

                   relating to excise, the police starts implicating mechanically
Patna High Court CR. MISC. No.56890 of 2025(3) dt.05-01-2026
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          either at the instance of Chowkidar, local person, confessional

          statement or secret information.

                       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-bonds in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Additional

          Sessions Judge, Exclusive Special Excise Court-II, Katihar in

          connection with Katihar Town (Sahayak) P.S. Case No.550 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 bonds 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 two cases,

          then it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before
               Patna High Court CR. MISC. No.56890 of 2025(3) dt.05-01-2026
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                         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 antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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