Patna High Court
Mahesh SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedent.
Summary
Mahesh Sahni applied for anticipatory bail after learning that he might be arrested in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 175 litres of spirit recovered from his Maruti Suzuki WagonR. He argued that he had a clean antecedent, the spirit was not in his conscious possession, and he was unaware that his driver misused the vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order also stipulated that the trial court verify the petitioner’s antecedent; if any prior case is found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- possession of illicit liquor
- vehicle owner liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7246 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- HATHAURI District- Muzaffarpur
======================================================
Mahesh Sahni S/o Nand Sahni R/o Village - Atrah, P.S- .…, Dist-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 offences punishable under Sections 274 and
275 of the BNS as well as Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 175 litres of spirit from Maruti Suzuki WagonR.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged who also fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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 Hathauri P.S. Case No. 205 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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