Patna High Court
Mukesh SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
Mukesh Sahani applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 10 litres of liquor from a field not belonging to him. He argued that no liquor was found in his possession and that the case was based on a complaint by a chowkidar without proper investigation. The State opposed the bail. The Patna High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and compliance with Section 482(2) of the B.N.S.S., directing verification of his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to confirmation. Additionally, the petitioner was directed to deposit Rs.2,500 with the High Court Legal Services Committee within two weeks.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6199 of 2026
Arising Out of PS. Case No.-119 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Mukesh Sahani S/O Benela Sahani @ Bunela Sahani Resident of Village-
Utari Noneya Dhab Tola, P.S.- Paharpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 10 litres of liquor from a field
alleged to be thrown by 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
and he came to be implicated at the instance of Chowkidar but
then it is submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.6199 of 2026(2) dt.04-02-2026
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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.
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-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Special
Judge, Excise Court No.-1, East Champaran, Motihari in
connection with Paharpur P.S. Case No.119 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 bond 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 one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.6199 of 2026(2) dt.04-02-2026
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obtaining anticipatory bail had concealed his antecedent before
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 antecedent of only one case, 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.2500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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