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Patna High Court

Mahendra SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.78213 of 2025(3) dt.23-02-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.78213 of 2025(3) dt.23-02-2026
                                                         3/3




                       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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