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Patna High Court

Ashok SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and directed verification of antecedents.

Summary

The petitioner, Ashok Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, relating to alleged recovery of 10 litres of liquor near his village. He disclosed five prior criminal cases, four of which were under the Excise Act, and argued that the liquor was not found in his possession and the recovery site was public, raising doubts about the prosecution's investigation. The State opposed the bail, contending the seriousness of the offence and the petitioner’s antecedents. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and a deposit of Rs.7,500 with the Lawyers’ Association. The order further directed the trial court to verify the petitioner’s criminal antecedents and confirm the bail if the antecedents did not exceed five cases, otherwise the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the police investigation and recovery of liquor justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • Section 482
  • high court order
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6500 of 2026
                  Arising Out of PS. Case No.-586 Year-2022 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Ashok Sahani S/o Hiranand Sahani Resident of Village- Damobriti, PS-
                 Harsiddhi, District- East Champaran at Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases, out of which, four cases

                   are under the Excise Act, as would manifest from supplementary

                   affidavit and allegation is of recovery of 10 litres of liquor near

                   Damovriti chawar. It is next submitted that petitioner was not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and the alleged recovery is from a place

                   which does not belong to the petitioner and is accessible to

                   public at large and he came to be implicated at the instance of
Patna High Court CR. MISC. No.6500 of 2026(2) dt.04-02-2026
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          chowkidar but then it is submitted that if chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution. It is

          also 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.25,000/- (Rupees twenty 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

          Harsidhi P.S. Case No.586/2022, 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
             Patna High Court CR. MISC. No.6500 of 2026(2) dt.04-02-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of more than

                       five cases, 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

                       on verification it is found that petitioner has antecedent of five

                       cases, 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.7500/- with Lawyers’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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