Patna High Court
Mahendra SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on the outcome of that verification.
Summary
Mahendra and Harendra Sahani sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for alleged recovery of 90 litres of liquor from a location adjacent to their house. They argued that no liquor was found in their possession, the recovery was from a place not belonging to them, and the investigation relied on secret information. The State opposed the bail. The Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioners' criminal antecedents. If petitioner No.1 is found to have more than one prior case or petitioner No.2 any prior case, the bail will not be confirmed; otherwise, the bail will be confirmed. The order is subject to the provisions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act.
- Whether the alleged recovery of liquor from a location adjacent to the petitioners' house justifies denial of bail.
- Whether the petitioners' criminal antecedents affect the confirmation of provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 41
- criminal antecedent
- Section 482
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78213 of 2025
Arising Out of PS. Case No.-362 Year-2025 Thana- PIPRA District- East Champaran
======================================================
1. Mahendra Sahani Son of Chandradev Sahani Resident of - Raasmandal,
Police Station - Pipra, District - East Champaran.
2. Harendra Sahani Son of Chandradev Sahani Resident of - Raasmandal,
Police Station - Pipra, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-02-2026 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 offence punishable under Sections 30(a) and
41(1) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of one case as would manifest
from pleading made in supplementary affidavit and petitioner
no.2 is a person with clean antecedent and allegation is of
recovery of 90 litres of liquor from a place behind the house of
Chandradev Sahani. It is next submitted that petitioners were
not arrested from the spot as such nothing was recovered from
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their conscious possession and even alleged recovery is from a
place which does not belong to the petitioners but then is
adjacent to their house and they came to be implicated based on
secret information which is the easiest way to implicate
someone without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.5000/- (Rupees five 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
Pipra P.S. Case No.362/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than one case and petitioner no.2 has antecedent of even
one case, in that event, it would be presumed that petitioners
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had concealed their antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed with
but if after verification it is found that petitioner no.1 has
antecedent of one case and petitioner no.2 is a person with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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