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Patna High Court

Anil Sahni @ Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Anil Sahni, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged seizure of 12 litres of spirit occurred at a location adjacent to his property and that no contraband was found in his possession. He contended that the police had mechanically implicated him based on a chowkidar's statement without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, verification of the petitioner’s criminal antecedents, and a deposit of Rs.2,500 with the High Court Legal Aid. The order stipulated that if more than one antecedent is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation. The decision was made under the powers conferred by Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the police investigation was sufficient to justify arrest.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 482
  • police investigation
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5823 of 2026
                        Arising Out of PS. Case No.-254 Year-2023 Thana- TARAIYA District- Saran
                 ======================================================
                 Anil Sahni @ Anil Kumar S/O Birendra Sahni @ Virendra Sahni R/O Vill.-
                 Baniya Hasanpur, P.S.- Taraiya, Dist.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Wasi Mohammad
                 For the Opposite Party/s :        Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 12 litres of spirit from a place near a

                   boring situated behind the house of the petitioner. 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 but then is adjacent to his boring as such he came to

                   be implicated at the instance of chowkidar but then it is
Patna High Court CR. MISC. No.5823 of 2026(2) dt.03-02-2026
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          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.

                       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 before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees 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 Taraiya

          P.S. Case No.254/2023, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       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

          one case, 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
             Patna High Court CR. MISC. No.5823 of 2026(2) dt.03-02-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.2500/- with Patna High Court Legal

                       Aid within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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