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Patna High Court

Dilip SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bail bonds, sureties and verification of the petitioners' disclosed criminal antecedents, with the possibility of withdrawal if antecedents exceed the disclosed numbers.

Summary

The petitioners, Dilip and Ashok Sahani, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 85 litres of liquor from the Dhanauti river. They argued that the liquor was not in their conscious possession, the recovery site was public, and they were implicated by a chowkidar without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties each, subject to verification of their criminal antecedents. It directed the trial court to confirm the bail if the petitioners' disclosed antecedents (six cases for petitioner 1 and five for petitioner 2) are accurate, and to withdraw bail if more cases are found, indicating concealment. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act despite their prior excise cases.
  • Whether the nature of the alleged recovery (from a public river and without arrest at the spot) affects the grant of anticipatory bail.
  • Whether verification of the petitioners' criminal antecedents can condition the confirmation or withdrawal of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Section 482
  • criminal antecedent
  • provisional bail
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7096 of 2026
                 Arising Out of PS. Case No.-288 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
           1.     Dilip Sahani Son of Amirka Sahani @ Amerika Sahani R/o Vill. - Sapahi
                  Writiya, P.S. - Raghunathpur, District - East Champaran.
           2.    Ashok Sahani @ Diwani Son of Ramashish Sahani R/o Vill. - Sapahi
                 Writiya, P.S. - Raghunathpur, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Mr.Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of six cases out of which five

                   cases are under the Excise Act and petitioner no. 2 has

                   antecedent of five cases under the Excise Act and allegation is

                   of recovery of 85 litres of liquor from bank of Dhanauti river.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.7096 of 2026(2) dt.19-02-2026
                                            2/3




          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to public at large and they came to

          be implicated at the instance of Chowkidar and spy, but then it

          is submitted that once an accused is implicated in a case 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.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand)

          each 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 Raghunathpur P.S. Case No. 288 of

          2025, subject to the conditions as laid down under Section

          Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioner no. 1 has antecedent of more
              Patna High Court CR. MISC. No.7096 of 2026(2) dt.19-02-2026
                                                          3/3




                        than six cases and petitioner no. 2 has antecedent of more than

                        five cases then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioner no. 1 has antecedent

                        of six cases and petitioner no. 2 has antecedent of five cases in

                        that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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