Patna High Court
Dilip SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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
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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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