Patna High Court
Narad Kumar Sahani @ Narad KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioners, subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Narad Kumar Sahani and Tufan Kumar, applied for anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 150 litres of liquor from a motorcycle. The petitioners argued that the first petitioner has a clean antecedent while the second has only four prior cases under the Excise Act, and that the second petitioner was unaware of the misuse of his vehicle by a friend. The State opposed the bail, contending that the allegations warrant detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and conditioned the confirmation of bail on verification of the petitioners' criminal antecedents. If the first petitioner is found to have any prior case or the second more than four, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 Cr.P.C. in the context of alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act, 2022?
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- narcotic offences
- excise law
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7360 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
1. Narad Kumar Sahani @ Narad Kumar S/o Gauri Sahani Resident of Village-
Muswa, Bherihari/Bhedihari, P.S.- Sugauli, District- East Champaran
2. Tufan Kumar @ Rupesh Kumar Sahani @ Rupesh Kumar @ Tufani Sahani
S/o Kanhaiya Sahani @ Kanhai Sahani Resident of Village- Muswa,
Bherihari/Bhedihari, P.S.- Sugauli, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
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 Sections 274 and
275 of the BNS as well as Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of four cases under the Excise Act and
allegation is of recovery of 150 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
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recovered from their conscious possession. It is further
submitted that petitioner no. 2 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 and thus would create evidence
against himself and hence would get implicated. It is next
submitted that petitioner no. 2 was completely unaware that his
friend 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let 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.20,000/- (Rupees Twenty
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 Ramgarhwa P.S.
Case No. 423 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
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court shall verify the criminal antecedent of the petitioners and
if it is found that petitioner no. 1 has antecedent of even one
case and petitioner no. 2 has antecedent of more than four cases,
it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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