Patna High Court
Ashok SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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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